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Children born and residing outside the United States; conditions for acquiring certificate of citizenship

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§1433. Children born and residing outside the United States; conditions for acquiring certificate of citizenship

(a) Application by citizen parents; requirements

A parent who is a citizen of the United States (or, if the citizen parent has died during the preceding 5 years, a citizen grandparent or citizen legal guardian) may apply for naturalization on behalf of a child born outside of the United States who has not acquired citizenship automatically under section 1431 of this title. The Attorney General shall issue a certificate of citizenship to such applicant upon proof, to the satisfaction of the Attorney General, that the following conditions have been fulfilled:

(1) At least one parent (or, at the time of his or her death, was) is ¹ a citizen of the United States, whether by birth or naturalization.

(2) The United States citizen parent-

(A) has (or, at the time of his or her death, had) been physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years; or

(B) has (or, at the time of his or her death, had) a citizen parent who has been physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years.

(3) The child is under the age of eighteen years.

(4) The child is residing outside of the United States in the legal and physical custody of the applicant (or, if the citizen parent is deceased, an individual who does not object to the application).

(5) The child is temporarily present in the United States pursuant to a lawful admission, and is maintaining such lawful status.

(b) Attainment of citizenship status; receipt of certificate

Upon approval of the application (which may be filed from abroad) and, except as provided in the last sentence of section 1448(a) of this title, upon taking and subscribing before an officer of the Service within the United States to the oath of allegiance required by this chapter of an applicant for naturalization, the child shall become a citizen of the United States and shall be furnished by the Attorney General with a certificate of citizenship.

(c) Adopted children

Subsections (a) and (b) shall apply to a child adopted by a United States citizen parent if the child satisfies the requirements applicable to adopted children under section 1101(b)(1) of this title.

(d) Children of Armed Forces members

In the case of a child of a member of the Armed Forces of the United States who is authorized to accompany such member and reside abroad with the member pursuant to the member's official orders, and is so accompanying and residing with the member-

(1) any period of time during which the member of the Armed Forces is residing abroad pursuant to official orders shall be treated, for purposes of subsection (a)(2)(A), as physical presence in the United States;

(2) subsection (a)(5) shall not apply; and

(3) the oath of allegiance described in subsection (b) may be subscribed to abroad pursuant to section 1443a of this title.

(June 27, 1952, ch. 477, title III, ch. 2, §322, 66 Stat. 246 ; Pub. L. 95–417, §6, Oct. 5, 1978, 92 Stat. 918 ; Pub. L. 97–116, §18(m), (n), Dec. 29, 1981, 95 Stat. 1620 , 1621; Pub. L. 99–653, §16, Nov. 14, 1986, 100 Stat. 3658 ; Pub. L. 100–525, §8(l), Oct. 24, 1988, 102 Stat. 2618 ; Pub. L. 101–649, title IV, §407(b)(2), (c)(6), (d)(5), Nov. 29, 1990, 104 Stat. 5040–5042 ; Pub. L. 102–232, title III, §305(m)(3), Dec. 12, 1991, 105 Stat. 1750 ; Pub. L. 103–416, title I, §102(a), Oct. 25, 1994, 108 Stat. 4306 ; Pub. L. 106–139, §1(b)(2), Dec. 7, 1999, 113 Stat. 1697 ; Pub. L. 106–395, title I, §102(a), Oct. 30, 2000, 114 Stat. 1632 ; Pub. L. 107–273, div. C, title I, §11030B, Nov. 2, 2002, 116 Stat. 1837 ; Pub. L. 110–181, div. A, title VI, §674(b), Jan. 28, 2008, 122 Stat. 186 .)

Editorial Notes

References in Text

This chapter, referred to in subsec. (b), was in the original, "this Act", meaning act June 27, 1952, ch. 477, 66 Stat. 163 , known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.

Amendments

2008-Subsec. (d). Pub. L. 110–181 added subsec. (d).

2002-Subsec. (a). Pub. L. 107–273, §11030B(1), in introductory provisions, inserted "(or, if the citizen parent has died during the preceding 5 years, a citizen grandparent or citizen legal guardian)" after "citizen of the United States" and substituted "such applicant" for "such parent".

Subsec. (a)(1). Pub. L. 107–273, §11030B(2), inserted "(or, at the time of his or her death, was)" after "parent".

Subsec. (a)(2)(A). Pub. L. 107–273, §11030B(3)(A), inserted "(or, at the time of his or her death, had)" after "(A) has".

Subsec. (a)(2)(B). Pub. L. 107–273, §11030B(3)(B), inserted "(or, at the time of his or her death, had)" after "(B) has".

Subsec. (a)(4). Pub. L. 107–273, §11030B(4), amended par. (4) generally. Prior to amendment, par. (4) read as follows: "The child is residing outside of the United States in the legal and physical custody of the citizen parent, is temporarily present in the United States pursuant to a lawful admission, and is maintaining such lawful status."

Subsec. (a)(5). Pub. L. 107–273, §11030B(5), added par. (5).

2000-Pub. L. 106–395 amended section catchline and text generally, revising and restating provisions relating to acquisition of certificate of citizenship for certain children born outside the United States.

1999-Subsec. (a)(4). Pub. L. 106–139 substituted "16 years (except to the extent that the child is described in clause (ii) of subparagraph (E) or (F) of section 1101(b)(1) of this title)" for "16 years" and "either of such subparagraphs" for "subparagraph (E) or (F) of section 1101(b)(1) of this title".

1994-Pub. L. 103–416 amended section generally, substituting present provisions for former provisions which related to: in subsec. (a) naturalization on application of citizen parents; in subsec. (b) adopted children; and subsec. (c) specified period of residence for adopted children.

1991-Pub. L. 102–232 amended section catchline.

1990-Subsec. (a). Pub. L. 101–649, §407(c)(6), substituted "applying" for "petitioning" and "application" for "petition".

Subsec. (c). Pub. L. 101–649, §407(d)(5), substituted "Attorney General" for first reference to "naturalization court" in cl. (2)(C).

Pub. L. 101–649, §407(c)(6), substituted "applies" for "petitions".

Pub. L. 101–649, §407(b)(2), substituted "within a State or a district of the Service in the United States" for "within the jurisdiction of the naturalization court".

1988-Subsec. (a). Pub. L. 100–525 repealed Pub. L. 99–653, §16. See 1986 Amendment note below.

1986-Subsec. (a). Pub. L. 99–653, §16, which inserted "unmarried and" after "be naturalized if", was repealed by Pub. L. 100–525.

1981-Subsec. (b). Pub. L. 97–116, §18(m), substituted "an adopted child only if the child" for "a child adopted while under the age of sixteen years who".

Subsec. (c). Pub. L. 97–116, §18(n), added subsec. (c).

1978-Subsec. (b). Pub. L. 95–417 substituted provisions making subsec. (a) of this section applicable to adopted children for provisions making subsec. (a) of this section inapplicable to adopted children.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–181 effective Jan. 28, 2008, and applicable to any application for naturalization or issuance of a certificate of citizenship pending on or after such date, see section 674(d) of Pub. L. 110–181, set out as a note under section 1430 of this title.

Effective Date of 2000 Amendment

Amendment by Pub. L. 106–395 effective 120 days after Oct. 30, 2000, and applicable to individuals who satisfy the requirements of this section or section 1431 of this title as in effect on such effective date, see section 104 of Pub. L. 106–395, set out as a note under section 1431 of this title.

Effective Date of 1994 Amendment

Pub. L. 103–416, title I, §102(d), Oct. 25, 1994, 108 Stat. 4307 , provided that: "The amendments made by this section [amending this section and section 1452 of this title] shall take effect on the first day of the first month beginning more than 120 days after the date of the enactment of this Act [Oct. 25, 1994]."

Effective Date of 1991 Amendment

Pub. L. 102–232, title III, §305(m), Dec. 12, 1991, 105 Stat. 1750 , provided that the amendment made by section 305(m) is effective as if included in section 407(d) of the Immigration Act of 1990, Pub. L. 101–649.

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–525 effective as if included in the enactment of the Immigration and Nationality Act Amendments of 1986, Pub. L. 99–653, see section 309(b)(15) of Pub. L. 102–232, set out as an Effective and Termination Dates of 1988 Amendments note under section 1101 of this title.

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–116 effective Dec. 29, 1981, see section 21(a) of Pub. L. 97–116, set out as a note under section 1101 of this title.

Abolition of Immigration and Naturalization Service and Transfer of Functions

For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.

Application of 1994 Amendment

Pub. L. 103–416, title I, §102(e), as added by Pub. L. 104–208, div. C, title VI, §671(b)(2), Sept. 30, 1996, 110 Stat. 3009–721 , which provided that in applying amendment made by subsection (a), amending this section, to children born before Nov. 14, 1986, any reference in matter inserted by such amendment to "five years, at least two of which" was deemed a reference to "10 years, at least 5 of which", was repealed by Pub. L. 105–38, §1, Aug. 8, 1997, 111 Stat. 1115 , effective as if included in the enactment of Pub. L. 103–416.

¹ So in original. The word "is" probably should appear after "parent".

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