Sec. 322.454. children born and residing outside the united states; conditions for acquiring certificate of citizenship
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## Sec. 322.454 children born and residing outside the united states; conditions for acquiring certificate of citizenship **[**[8 U.S.C. 1433](/us/usc/t8/s1433)**]** ###
(a)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 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: 454This section was amended in its entirety by §102(a) of the the Child Citizenship Act of 2000 (Public Law 106–395; 114 Stat. 1632). Section 104 of such Act provides as follows: SEC. 104. EFFECTIVE DATE. The amendments made by this title shall take effect 120 days after the date of the enactment of this Act and shall apply to individuals who satisfy the requirements of section 320 or 322 of the Immigration and Nationality Act, as in effect on such effective date. ####
(1)At least one parent (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 (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)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)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). **[**Section 323 was repealed by §7 of Pub. L. 95–417 (Oct. 5, 1978, 92 Stat. 918)**]**
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- Pub. L. 106-395
- 114 Stat. 1632
- Pub. L. 108-136
- Pub. L. 95-417
- 92 Stat. 918
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Sec. 322.454
children born and residing outside the united states; conditions for acquiring certificate of citizenship
Pub. L.Pub. L. 106-395
Stat.114 Stat. 1632
Pub. L.Pub. L. 108-136
Pub. L.Pub. L. 95-417
Stat.92 Stat. 918
Cites 7Cited by 0 across 0 sources