State Dept. Removes Fee for Citizenship Determinations

IMMIGRATION LAW & POLICY

Naturalization and Citizenship

STATE DEPT. REMOVES FEE FOR CITIZENSHIP DETERMINATIONS
Immigrants' Rights Update, Vol. 15, No. 4, June 29, 2001

In a final rule effective Mar. 30, 2001, the U.S. Department of State rescinded the $100 fee it had previously imposed for determining whether a person born abroad who has no previously issued U.S. government documentary proof of U.S. citizenship is indeed a U.S. citizen. Such a determination is required when a U.S. citizen born abroad applies for a U.S. passport and cannot present a previous passport, a consular report of birth abroad, a certificate of nationality, or a certificate of citizenship.

According to the State Dept., because the amount of time required for making citizenship determinations varies greatly, the fee does not reflect the actual costs involved in providing the service. Generally, the longer a person waits to seek to establish his or her U.S. citizenship, the more time-consuming the process. In some instances, however, citizenship determinations take very little time and the $100 fee is excessive. The State Dept. has decided to revisit the fee schedule and impose no fee pending an inquiry into how much such services actually cost.

Since it anticipates an increase in citizenship determination requests as a result of the Child Citizenship Act (CCA), the State Dept. wanted to issue a rule as close as possible to the CCA's February 27, 2001, effective date. Under the CCA, most foreign-born children adopted by U.S. citizens will automatically acquire U.S. citizenship on the date they immigrate to the U.S.

66 Fed. Reg. 17,360 (Mar. 31, 2001).