Автоматическая деривация CCA 2000 (INA 320)

Примеры сценариев

• INELIGIBLE for §320 derivation until the U.S. state court adoption is finalized.

  An IR-4 visa indicates the adoption was not finalized in the country of origin — the legal parent-child relationship is not yet complete. INA §320 requires a qualifying parent-child relationship, which for adoptees means a full and final adoption. Until the U.S. state court enters a final adoption decree, the §320 conditions are not fully met. Once the adoption is finalized (before the child's 18th birthday), citizenship vests automatically and the N-600 may then be filed. Per 12 USCIS-PM H.1, USCIS distinguishes IR-3 (adoption finalized abroad — immediately qualifies as legal parent-child relationship for §320) from IR-4 (adoption not yet final — must await finalization).

• Automatically derived U.S. citizenship at age 10.

  All three INA §320 = 8 USC §1431 conditions coincide before age 18: the parent is now a U.S. citizen (by naturalization), the child is an LPR, and the child resides in the U.S. in the parent's legal and physical custody. Citizenship vested automatically on the parent's naturalization; the family documents it via N-600 or a U.S. passport.

• Did NOT derive citizenship under §320.

  INA §320 = 8 USC §1431 requires all conditions — including the parent being a U.S. citizen — to coincide BEFORE the child turns 18. Because the parent naturalized when the person was 19, no condition-coincidence occurred under 18; the now-adult must naturalize independently under §316 (US-NAT-01).

• Derives citizenship under §320(c) despite residing abroad.

  INA §320(c) = 8 USC §1431(c), added by the 2020 Citizenship for Children of Military Members and Civil Servants Act (eff. 26 Mar 2020, VC-09), extends automatic derivation to a qualifying child residing abroad with a U.S.-citizen parent stationed overseas on U.S. military/government service — overriding the general U.S.-residence requirement of §320(b).

• Did NOT derive under §320 (non-retroactive); governed by former §321.

  The Child Citizenship Act of 2000 is non-retroactive and benefits only children who had not turned 18 on 27 Feb 2001. Having aged out earlier, the person is governed by former INA §321 = 8 USC §1432 (often requiring both parents' naturalization), which here was not satisfied — leaving the person without derived citizenship absent independent naturalization.

• Does NOT derive citizenship under §320.

  INA §320 = 8 USC §1431 requires a qualifying legal parent-child relationship (biological or by full and final adoption). A step-relationship without adoption is not a §320 parent-child relationship, so no derivation occurs; the child would need to be adopted (and meet the §320 conditions before 18) or naturalize independently later.