Here's a bit more on the change to the citizenship act for visitors.
The ACA is "American Citizens Abroad", which I think is a Democratic
Party political organization in Switzerland. See the section in the
item below titled "Now for the Bad News" for the section I referred to
earlier.

I'll check the reference to the law cited, but I was happy to find
that my recollection about a change occurring was not totally off. I
am aware of the virtually absolute constitutional grant of citizenship
to those born "IN the US", and I am curious now to see how that was
limited by the act cited here.

Regards

Len

--
"February 2001

Changes in citizenship laws

With relatively little fanfare, President Clinton signed into law on
30 October 2000, a modification of the Immigration and Nationality Act
which makes it a bit easier for minor children of US citizens (both
foreign-born and adopted abroad) to become citizens of the US.

The new law, known by its number HR2883, authored by Congressman Bill
Delahunt, now Public Law 106-365 or "The Child Citizenship Act of
2000" will go into effect on 27 February 2001.

The law has the following effects:

* A child adopted abroad becomes a US citizen immediately upon
entry into the US as a lawful permanent resident

* A child born abroad to parents, one or both of whom are US
citizens, but who is not recognized as a US citizen for various
reasons, can also benefit from the new law, i.e. that child becomes a
US citizen immediately upon entry into the US as a lawful permanent
resident.

What this new law means is that an adopted (or natural-born) child
becomes a US citizen the moment he or she sets foot on US soil after
proper adoption and immigration procedures have been fulfilled.

Now for the bad news

The new law does NOT apply to children who don't live in or
immigrate to the US.

The new law does NOT confer citizenship on a child (adopted or
natural-born) who arrives as a tourist or other visitor to the US.

The new law does NOT work retroactively back to the child's birth;
i.e. the child cannot be considered to be a "Natural born American"

The new law does NOT apply to children older than 18 years.

Nobody knows how the new law will work out in practice or what sort of
certificates or papers will be issued at the border or elsewhere upon
arrival in the US.

Discussion

This new law was highly encouraged by people adopting foreign children
as its main effects are for adopted children entering the US with
their new US parents.

It will help to resolve future cases of extreme hardship some of which
have occurred in the past due to the fact that the US parents of
adopted children, for one reason or another, failed to have their
children naturalized. For example, in one well-known case, John Gaul,
an adult adoptee born in Thailand and adopted by Florida family at the
age of four, was deported by the US government last year as a criminal
alien at the of 25. The Gauls had obtained an American birth
certificate for John shortly after adopting him, but didn't realize
until he applied for a passport at age 17 that he had never been
naturalized.

It will also affect children born abroad to parents, only one of whom
is a US citizen and who has not resided the requisite five years in
the US (two of which must be after the age of 14) before the birth of
the child. In such a case, the child born abroad is not recognized as
a US citizen, but when and if his parents immigrate with him or her to
the US, he or she may become a naturalized US citizen upon arrival in
the USA (before the age of 18).

How will the new law work?

For both adoption and natural-born cases, the parent or parents
returning or immigrating to the US must still file the necessary
immigration papers for their minor children. Although these requests
come under the "immediate relative" i.e. non-quota status, the
necessary paperwork still has to be done properly. This involves
petitioning as a sponsor, applying for a visa and filing the affidavit
of support as well as the usual photos, medical exams, police
certificates, payment of fees, etc. This is the same as if you were
filing for a Green Card for your child except that upon arrival in the
US, your child will not need the Green Card because he or she will
immediately be recognized as a US citizen under the new law.

What about US parents residing permanently abroad with no immediate
intention of returning to the USA with their children (either natural
or adopted)?

In these cases, it is still possible to file from abroad for immediate
naturalization under Section 322 of the Immigration and Nationality
Act (which was modified in form but not in substance by the new law).
This procedure enables Americans abroad to obtain US citizenship for
their children, not otherwise eligible to be citizens, through a
special naturalization procedure, which does not require that they
move back to the United States. All the papers are filed from abroad,
and the American parent and child/children then travel to the chosen
District Office in the United States to finalize the process on the
day of a previously arranged appointment.

Karl Jauch
ACA Geneva
February 2001