§ 1431. Children born outside the United States and lawfully admitted for permanent residence; conditions under which citizenship automatically acquired

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1952

   Pub. L. 82–477 · 66 Stat. 609

   Enacted · 8 U.S.C. § 1431

   June 27, 1952, ch. 477, title III, ch. 2, § 320, 66 Stat. 245

   Source evidence

   Code source credit
   June 27, 1952, ch. 477, title III, ch. 2, § 320, 66 Stat. 245

2. 1978

   Pub. L. 95–417 § 4 · 92 Stat. 917

   Substituted · 8 U.S.C. § 1431(a)

   Pub. L. 95–417 substituted in pars. (1) and (2) “eighteen years” for “sixteen years”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 95–417 substituted in pars. (1) and (2) “eighteen years” for “sixteen years”.

   Enacted provision · exact public law section
   Sec. 4. Paragraphs (1) and (2) of section 320(a) of the Immigration and Nationality Act are amended to delete the word “sixteen” 8 USC 1431. and substitute in lieu thereof the word “eighteen”, and subsection (b) of section 320 is amended to read as follows: “(b) Subsection (a)(1) of this section shall apply to a child adopted while under the age of sixteen years who is residing in the United States at the time of naturalization of such adoptive parent, in the custody of his adoptive parents, pursuant to a lawful admission for permanent residence.”.

3. 1978

   Pub. L. 95–417 § 4 · 92 Stat. 917

   Substituted · 8 U.S.C. § 1431(b)

   Pub. L. 95–417 substituted provisions making subsec. (a)(1) of this section applicable to adopted children for provisions making subsec. (a) of this section inapplicable to adopted children

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 95–417 substituted provisions making subsec. (a)(1) of this section applicable to adopted children for provisions making subsec. (a) of this section inapplicable to adopted children.

   Enacted provision · exact public law section
   Sec. 4. Paragraphs (1) and (2) of section 320(a) of the Immigration and Nationality Act are amended to delete the word “sixteen” 8 USC 1431. and substitute in lieu thereof the word “eighteen”, and subsection (b) of section 320 is amended to read as follows: “(b) Subsection (a)(1) of this section shall apply to a child adopted while under the age of sixteen years who is residing in the United States at the time of naturalization of such adoptive parent, in the custody of his adoptive parents, pursuant to a lawful admission for permanent residence.”.

4. 1981

   Immigration and Nationality Act Amendments of 1981

   Pub. L. 97–116 § 18(m) · 95 Stat. 1611

   Substituted · 8 U.S.C. § 1431(b)

   Pub. L. 97–116 substituted “an adopted child only if the child” for “a child adopted while under the age of sixteen years who”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 97–116 substituted “an adopted child only if the child” for “a child adopted while under the age of sixteen years who”.

   Enacted provision · exact public law section
   (m) Sections 320(b), 321(b), and 322(b) (8 U.S.C. 1431(b), 1432(b), 1433(b)) are each amended by striking out “a child adopted while under the age of sixteen years who” and inserting in lieu thereof “an adopted child only if the child”.

5. 1986

   Immigration and Nationality Act Amendments of 1986

   Pub. L. 99–653 § 14 · 100 Stat. 3655

   Repealed · 8 U.S.C. § 1431(a)(1)

   Pub. L. 99–653, § 14, which inserted “unmarried and” after “such child is”, was repealed by Pub. L. 100–525, § 8(l)

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 99–653, § 14, which inserted “unmarried and” after “such child is”, was repealed by Pub. L. 100–525, § 8(l).

   Enacted provision · exact public law section
   Sec. 14. Section 320(a) (8 U.S.C. 1431(a)) is amended by inserting “unmarried and” after “(1) such naturalization takes place while such child is”.

6. 1988

   Immigration Technical Corrections Act of 1988

   Pub. L. 100–525 § 8 · 102 Stat. 2609

   Repealed · 8 U.S.C. § 1431(a)(1)

   Pub. L. 100–525, § 8(l), repealed Pub. L. 99–653, § 14. See 1986 Amendment note below

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 100–525, § 8(l), repealed Pub. L. 99–653, § 14. See 1986 Amendment note below.

   Enacted provision · exact public law section
   (8) In subsection (e)(1)(A)(ii), strike the first comma.

7. 1988

   Immigration Technical Corrections Act of 1988

   Pub. L. 100–525 § 9(w) · 102 Stat. 2609

   Substituted · 8 U.S.C. § 1431(b)

   Pub. L. 100–525, § 9(w), substituted “Subsection (a)” for “Subsection (a)(1)”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 100–525, § 9(w), substituted “Subsection (a)” for “Subsection (a)(1)”.

   Enacted provision · exact public law section
   (w) Section 320(b) of such Act (8 U.S.C. 1431(b)) is amended by striking “(a)(1)” and inserting “(a)”.

8. 2000

   Child Citizenship Act of 2000

   Pub. L. 106–395 title I § 101(a) · 114 Stat. 1631

   Amended · 8 U.S.C. § 1431

   Pub. L. 106–395 amended section catchline and text generally. Prior to amendment, text read as follows:

   Source evidence

   Code amendment note
   Pub. L. 106–395 amended section catchline and text generally. Prior to amendment, text read as follows:

   “(a) A child born outside of the United States, one of whose parents at the time of the child’s birth was an alien and the other of whose parents then was and never thereafter ceased to be a citizen of the United States, shall, if such alien parent is naturalized, become a citizen of the United States, when— “(1) such naturalization takes place while such child is unmarried and under the age of eighteen years; and “(2) such child is residing in the United States pursuant to a lawful admission for permanent residence at the time of naturalization or thereafter and begins to reside permanently in the United States while under the age of eighteen years. “(b) Subsection (a) of this section shall apply to an adopted child only if the child is residing in the United States at the time of naturalization of such adoptive parent, in the custody of his adoptive parents, pursuant to a lawful admission for permanent residence.”

   Enacted provision · exact public law section
   (a) In General.— Section 320 of the Immigration and Nationality Act (8 U.S.C. 1431) is amended to read as follows: “Sec. 320. “CHILDREN BORN OUTSIDE THE UNITED STATES AND RESIDING PERMANENTLY IN THE UNITED STATES; CONDITIONS UNDER WHICH CITIZENSHIP AUTOMATICALLY ACQUIRED (a) A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled: “(1) At least one parent of the child is a citizen of the United States, whether by birth or naturalization. “(2) The child is under the age of eighteen years. “(3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence. “(b) Subsection (a) 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).”.

   Effective date note
   Pub. L. 106–395, title I, § 104, Oct. 30, 2000, 114 Stat. 1633, provided that: “The amendments made by this title [amending this section and section 1433 of this title and repealing section 1432 of this title] shall take effect 120 days after the date of the enactment of this Act [Oct. 30, 2000] and shall apply to individuals who satisfy the requirements of section 320 or 322 of the Immigration and Nationality Act [8 U.S.C. 1431, 1433], as in effect on such effective date.”

9. 2014

   Accuracy for Adoptees Act

   Pub. L. 113–74 § 2 · 127 Stat. 1212

   Added · 8 U.S.C. § 1431(c)

   Pub. L. 113–74 added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 113–74 added subsec. (c).

   Enacted provision · exact public law section
   SEC. 2. RECOGNITION OF STATE COURT DETERMINATIONS OF NAME AND BIRTH DATE.   Section 320 of the Immigration and Nationality Act (8 U.S.C. 1431) is amended by adding at the end the following: “(c) A Certificate of Citizenship or other Federal document issued or requested to be amended under this section shall reflect the child’s name and date of birth as indicated on a State court order, birth certificate, certificate of foreign birth, certificate of birth abroad, or similar State vital records document issued by the child’s State of residence in the United States after the child has been adopted or readopted in that State.” .

10. 2020

    Citizenship for Children of Military Members and Civil Servants Act

    Pub. L. 116–133 § 2(a)(1) · 134 Stat. 274

    Substituted · 8 U.S.C. § 1431

    Pub. L. 116–133, § 2(a)(1), substituted “Children born outside the united states and lawfully admitted for permanent residence; conditions under which citizenship automatically acquired” for “Children born outside the United States and residing permanently in the United States; conditions under which citizenship automatically acquired; determinations of name and birth date” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 116–133, § 2(a)(1), substituted “Children born outside the united states and lawfully admitted for permanent residence; conditions under which citizenship automatically acquired” for “Children born outside the United States and residing permanently in the United States; conditions under which citizenship automatically acquired; determinations of name and birth date” in section catchline.

    Enacted provision · exact public law section
    (1) by striking the section header and inserting “children born outside the united states and lawfully admitted for permanent residence; conditions under which citizenship automatically acquired”;

11. 2020

    Citizenship for Children of Military Members and Civil Servants Act

    Pub. L. 116–133 § 2(a)(2) · 134 Stat. 274

    1. Added · 8 U.S.C. § 1431(c); 8 U.S.C. § 1431(d)

       Pub. L. 116–133, § 2(a)(2), (3), added subsec. (c)

    2. Redesignated · 8 U.S.C. § 1431(c); 8 U.S.C. § 1431(d)

       Pub. L. 116–133, § 2(a)(2), (3), redesignated former subsec. (c) as (d)

    Source evidence

    Code amendment note
    Subsecs. (c), (d). Pub. L. 116–133, § 2(a)(2), (3), added subsec. (c) and redesignated former subsec. (c) as (d).

    Enacted provision · exact public law section
    (2) by redesignating subsection (c) as subsection (d); and

11 of 12 references resolved to an enrolled provision · 1 partial