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Code · BILL · 117th Congress · H.R. 9671 (Introduced in House) — To protect stateless persons in the United States, and for other purposes. · Sec. 5

Sec. 5. Prevention of statelessness

506 words·~2 min read·/bill/117/hr/9671/ih/section-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 301 of the Immigration and Nationality Act ( 8 U.S.C. 1401 ) is amended— in subsection (g), by striking ; and and inserting a semicolon; in subsection (h), by striking the period at the end and inserting ; and ; and by adding at the end the following: a person born to a citizen of the United States outside the United States or in an outlying possession of the United States, if such person is born as a stateless person (as defined in section 245B(a)). . Section 301 of the Immigration and Nationality Act ( 8 U.S.C. 1401 ) is further amended by striking subsection
(f)and inserting the following: a person of unknown parentage found in the United States while under the age of 18 years, until shown, prior to the person attaining the age of 21 years, not to have been born in the United States; . Section 320 of the Immigration and Nationality Act ( 8 U.S.C. 1431 ) is amended by adding at the end the following: Notwithstanding any other provision of law, a person born outside the United States or in an outlying possession who is or becomes a stateless person (as defined in section 245B(a)) automatically becomes a citizen of the United States on the date on which one of the following conditions has been fulfilled: One parent is or was a citizen of the United States. The person was adopted by— a citizen of the United States; or an individual who became a citizen of the United States after the date of such adoption. This subsection applies to any person who meets the criteria under paragraph
(1)at any time. . Section 320(a) of the Immigration and Nationality Act ( 8 U.S.C. 1431(a) ) is amended by striking paragraph
(2)and inserting the following: The child is under the age of 21 years. . Section 320(a) of the Immigration and Nationality Act ( 8 U.S.C. 1431(a) ) is further amended by striking paragraph
(3)and inserting the following: The child is residing in the United States, and provided such child is under the legal age of adulthood in the State in which the parent of the child or the child resides, is in the legal and physical custody of the citizen parent. . The Secretary of Homeland Security and Secretary of State shall jointly establish and carry out initiatives to prevent statelessness from occurring, which may include— an assessment of United States citizenship law to determine and amend any provision of law that results in statelessness or a delayed acquisition of nationality that increases the risk of statelessness; studies on the profiles and number of stateless people living in the United States; programs to promote inclusive and nondiscriminatory nationality laws and practices in other countries, with particular attention to the prevention of atrocity crimes; programs to encourage other countries to establish stateless status determination and protection legislation; and grants to universities and nongovernmental organizations to accelerate research, education, curricula, and knowledge on nationality law and practice and statelessness.
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