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

Footnotes

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

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. § 1433

   June 27, 1952, ch. 477, title III, ch. 2, § 322, 66 Stat. 246

   Source evidence

   Code source credit
   June 27, 1952, ch. 477, title III, ch. 2, § 322, 66 Stat. 246

2. 1978

   Pub. L. 95–417 § 6 · 92 Stat. 917

   Substituted · 8 U.S.C. § 1433(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   Sec. 6. Subsection (b) of section 322 of the Immigration and Nationality 8 USC 1433. Act is amended to read as follows: “(b) Subsection (a) of this section shall apply to a child adopted while under the age of sixteen years who is residing in the United States, in the custody of the adoptive parent or parents, pursuant to a lawful admission for permanent residence.”.

3. 1981

   Immigration and Nationality Act Amendments of 1981

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

   Substituted · 8 U.S.C. § 1433(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”

   Source evidence

   Code amendment note
   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”.

   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”.

4. 1981

   Immigration and Nationality Act Amendments of 1981

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

   Added · 8 U.S.C. § 1433(c)

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

   Source evidence

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

   Enacted provision · exact public law section
   (n) Section 322 (8 U.S.C. 1433) is further amended by adding after subsection (b) the following new subsection: “(c) In the case of an adopted child (1) who is in the United States at the time of naturalization, and (2) one of whose adoptive parents (A) petitions for naturalization of the child under this section, (B) meets the criteria of clauses (A), (B), and (C) of section 319(b)(1), and (C) 8 USC 1430. declares before the naturalization court in good faith an intention to take up residence within the United States immediately upon the termination of the employment described in section 319(b)(1)(B), no specified period of residence within the jurisdiction of the naturalization court or proof thereof shall be required.”.

5. 1986

   Immigration and Nationality Act Amendments of 1986

   Pub. L. 99–653 § 16 · 100 Stat. 3655

   Repealed · 8 U.S.C. § 1433(a)

   Pub. L. 99–653, § 16, which inserted “unmarried and” after “be naturalized if”, was repealed by Pub. L. 100–525

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 99–653, § 16, which inserted “unmarried and” after “be naturalized if”, was repealed by Pub. L. 100–525.

   Enacted provision · exact public law section
   Sec. 16. Section 322(a) (8 U.S.C. 1433(a)) is amended by inserting “unmarried and” after “may be naturalized if”.

6. 1988

   Immigration Technical Corrections Act of 1988

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

   Repealed · 8 U.S.C. § 1433(a)

   Pub. L. 100–525 repealed Pub. L. 99–653, § 16. See 1986 Amendment note below

   Source evidence

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

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

7. 1990

   Immigration Act of 1990

   Pub. L. 101–649 § 407(c)(6) · 104 Stat. 4978

   1. Substituted · 8 U.S.C. § 1433(a)

      Pub. L. 101–649, § 407(c)(6), substituted “applying” for “petitioning”

   2. Substituted · 8 U.S.C. § 1433(a)

      Pub. L. 101–649, § 407(c)(6), substituted “application” for “petition”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 101–649, § 407(c)(6), substituted “applying” for “petitioning” and “application” for “petition”.

   Enacted provision · exact public law section
   (6) Section 322 (8 U.S.C. 1433).

8. 1990

   Immigration Act of 1990

   Pub. L. 101–649 § 407(d)(5) · 104 Stat. 4978

   Substituted · 8 U.S.C. § 1433(c)

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

   Source evidence

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

   Enacted provision · exact public law section
   (5) Section 322(c)(2)(C) (8 U.S.C. 1433(c)(2)(C)) is amended by striking “naturalization court” the first place it appears and inserting “Attorney General”.

9. 1990

   Immigration Act of 1990

   Pub. L. 101–649 § 407(c)(6) · 104 Stat. 4978

   Substituted · 8 U.S.C. § 1433(c)

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

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 101–649, § 407(c)(6), substituted “applies” for “petitions”.

   Enacted provision · exact public law section
   (6) Section 322 (8 U.S.C. 1433).

10. 1990

    Immigration Act of 1990

    Pub. L. 101–649 § 407(b)(2) · 104 Stat. 4978

    Substituted · 8 U.S.C. § 1433(c)

    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”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (2) Section 322(c) (8 U.S.C. 1433(c)) is amended by striking “within the jurisdiction of the naturalization court” and inserting “within a State or a district of the Service in the United States”.

11. 1991

    Pub. L. 102–232 title III § 305(m)(3) · 105 Stat. 1733

    Amended · 8 U.S.C. § 1433

    Pub. L. 102–232 amended section catchline

    Source evidence

    Code amendment note
    Pub. L. 102–232 amended section catchline.

    Enacted provision · exact public law section
    (3) The heading of section 322 of the INA is amended by 8 USC 1433. striking “petition” and inserting “application”.

12. 1994

    Immigration and Nationality Technical Corrections Act of 1994

    Pub. L. 103–416 title I § 102(a) · 108 Stat. 4305

    1. Amended · 8 U.S.C. § 1433

       Pub. L. 103–416 amended section generally

    2. Substituted · 8 U.S.C. § 1433

       Pub. L. 103–416 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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (a) In General— Section 322 of the Immigration and Nationality Act (8 U.S.C. 1433) is amended to read as follows: “Sec. 322. (a) A parent who is a citizen of the United States may apply to the Attorney General for a certificate of citizenship on behalf of a child born outside the United States. The Attorney General shall issue such a certificate of citizenship upon proof to the satisfaction of the Attorney General that the following conditions have been fulfilled: “(1) At least one parent is a citizen of the United States whether by birth or naturalization. “(2) The child is physically present in the United States pursuant to a lawful admission. “(3) The child is under the age of 18 years and in the legal custody of the citizen parent “(4) If the citizen parent is an adoptive parent of the child, the child was adopted by the citizen parent before the child reached the age of 16 years and the child meets the requirements for being a child under subparagraph (E) or (F of section 101(b)(1). “(5) If the citizen parent has not 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— “(A) the child is residing permanently in the United States with the citizen parent, pursuant to a lawful admission for permanent residence, or “(B) a citizen parent of the citizen parent 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. “(b) Upon approval of the application (which may be filed 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) Subsection (a) of this section shall apply to the adopted child of a United States citizen adoptive parent if the conditions specified in such subsection have been fulfilled.”.

13. 1999

    Pub. L. 106–139 § 1(b)(2) · 113 Stat. 1696

    1. Substituted · 8 U.S.C. § 1433(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”

    2. Substituted · 8 U.S.C. § 1433(a)(4)

       Pub. L. 106–139 substituted “either of such subparagraphs” for “subparagraph (E) or (F) of section 1101(b)(1) of this title”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (2) Certificate of citizenship.— Section 322(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1433(a)(4)) is amended— (A) by striking “16 years” and inserting “16 years (except to the extent that the child is described in clause (ii) of subparagraph (E) or (F) of section 101(b)(1))”; and (B) by striking “subparagraph (E) or (F) of section 101(b)(1).” and inserting “either of such subparagraphs.”.

14. 2000

    Child Citizenship Act of 2000

    Pub. L. 106–395 title I § 102(a) · 114 Stat. 1631

    Amended · 8 U.S.C. § 1433

    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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (a) In General.— Section 322 of the Immigration and Nationality Act (8 U.S.C. 1433) is amended to read as follows: “Sec. 322. “CHILDREN BORN AND RESIDING OUTSIDE THE UNITED STATES; CONDITIONS FOR ACQUIRING CERTIFICATE OF CITIZENSHIP (a) A parent who is a citizen of the United States 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 parent upon proof, to the satisfaction of the Attorney General, that the following conditions have been fulfilled: “(1) At least one parent is a citizen of the United States, whether by birth or naturalization. “(2) The United States citizen parent— “(A) 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; or “(B) has 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 citizen parent, 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).”.

15. 2002

    An Act divesting intoxicating liquors of their interstate character in certain cases

    Pub. L. 107–273 § 11030B(1) · 116 Stat. 1758

    1. Inserted · 8 U.S.C. § 1433(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”

    2. Substituted · 8 U.S.C. § 1433(a)

       Pub. L. 107–273, § 11030B(1), in introductory provisions, substituted “such applicant” for “such parent”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (1) in the matter preceding paragraph (1)— (A) by inserting “(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 (B) by striking “such parent” and inserting “such applicant”;

16. 2002

    An Act divesting intoxicating liquors of their interstate character in certain cases

    Pub. L. 107–273 § 11030B(2) · 116 Stat. 1758

    Inserted · 8 U.S.C. § 1433(a)(1)

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

    Source evidence

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

    Enacted provision · exact public law section
    (2) in paragraph (1), by inserting “(or, at the time of his or her death, was)” after “parent”;

17. 2002

    An Act divesting intoxicating liquors of their interstate character in certain cases

    Pub. L. 107–273 § 11030B(3)(A) · 116 Stat. 1758

    Inserted · 8 U.S.C. § 1433(a)(2)(A)

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

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (A) in subparagraph (A), by inserting “(or, at the time of his or her death, had)” after “has”; and

18. 2002

    An Act divesting intoxicating liquors of their interstate character in certain cases

    Pub. L. 107–273 § 11030B(3)(B) · 116 Stat. 1758

    Inserted · 8 U.S.C. § 1433(a)(2)(B)

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

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (B) in subparagraph (B), by inserting “(or, at the time of his or her death, had)” after “has” the first place such term appears;

19. 2002

    An Act divesting intoxicating liquors of their interstate character in certain cases

    Pub. L. 107–273 § 11030B(4) · 116 Stat. 1758

    Amended · 8 U.S.C. § 1433(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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (4) by amending paragraph (4), to read as follows: “(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).”; and

20. 2002

    An Act divesting intoxicating liquors of their interstate character in certain cases

    Pub. L. 107–273 § 11030B(5) · 116 Stat. 1758

    Added · 8 U.S.C. § 1433(a)(5)

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

    Source evidence

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

    Enacted provision · exact public law section
    (5) by adding at the end the following: “(5) The child is temporarily present in the United States pursuant to a lawful admission, and is maintaining such lawful status.”.

21. 2008

    National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 div. A title VI § 674(b) · 122 Stat. 3

    Added · 8 U.S.C. § 1433(d)

    Pub. L. 110–181 added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 110–181 added subsec. (d).

    Enacted provision · exact public law section
    (b) Children.— Section 322 of the Immigration and Nationality Act (8 U.S.C. 1433) is amended by adding at the end the following new subsection: “(d) 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).” .

    Effective date note
    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.

24 of 25 references resolved to an enrolled provision · 1 partial