INA: ACT 322 - Children born and residing outside the United States; conditions for acquiring certificate of citizenship 1/
Sec.
322. [8 U.S.C. 1433] (a) A parent who is a citizen of the United
States 2/
(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 320
.
The Attorney General shall issue a certificate of citizenship to such
applicant 2/
upon
proof, to the satisfaction of the Attorney General, that the
following conditions have been fulfilled:
(1)
At least one parent 3/
(or,
at the time of his or her death, was) is a citizen of the United
States, whether by birth or naturalization.
(2)
The United States citizen parent--
(A)
has 4/
(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 4/
(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)
5/
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) 6/
The
child is temporarily present in the United States pursuant to a
lawful admission, and is maintaining such lawful status.
(b)
Upon approval of the application (which may be filed from abroad)
and, except as provided in the last sentence of section 337(a)
,
upon taking and subscribing before an officer of the Service within
the United States to the oath of allegiance required by this Act 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)
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 101(b)(1)
.
(d)
7/
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 1701(d) of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 8 U.S.C.
1443a).
FOOTNOTES
FOR SECTION 322
FN
1
Section 102(a)
of
Public Law 106-395, dated October 30, 2000, revised section 322 in
its entirety.
INA:
ACT 322 FN 2
FN
2
Section 322(a)
is
amended by section 11030B(1)(A)
and
(B)
of
the 21st Century Department of Justice Appropriations Authorization
Act, Public Law 107-273, dated November 2, 2002.
INA:
ACT 322 FN 3
FN
3
Section 322(a)(1)
is
amended by section 11030B(2)
of
the 21st Century Department of Justice Appropriations Authorization
Act, Public Law 107-273, dated November 2, 2002.
FN
4
Section 322(a)(2)(A)
and
(B)
is
amended by section 11030B(3)(A)
and
(B)
of
the 21st Century Department of Justice Appropriations Authorization
Act, Public Law 107-273, dated November 2, 2002.
INA:
ACT 322 FN 5
FN
5
Section 322(a)(4)
revised
by section 11030B(4)
of
the 21st Century Department of Justice Appropriations Authorization
Act, Public Law 107-273, dated November 2, 2002.
INA:
ACT 322 FN 6
FN
6 Section
322(a)(5)
added
by section 11030B(5)
of
the 21st Century Department of Justice Appropriations Authorization
Act, Public Law 107-273, dated November 2, 2002.
FN 7 Section 674(b) of Public Law 110-181 , dated January 28, 2008, amended section 322 by adding a new subsection (d).
EFFECTIVE
DATE: The amendments made by this section shall take effect on the
date of enactment of this Act (January 28, 2007) and apply to any
application for naturalization or issuance of a certificate of
citizenship pending on or after such date.
Sec.
323. Repealed by Sec. 7 of Pub. L. 95-417 (Oct. 5, 1978, 92 Stat.
918).
| File Type | application/msword |
| File Title | INA: ACT 322 - Children born and residing outside the United States; conditions for acquiring certificate of citizenship 1/ |
| Author | Kathryn Catania |
| Last Modified By | EXSO/RPD (Bo Mayer) |
| File Modified | 2011-09-20 |
| File Created | 2007-06-11 |