§ 1433. Children born and residing outside the United States; conditions for acquiring certificate of citizenship
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(a)Application by citizen parents; requirements 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 1431 of this title. The Attorney General shall issue a certificate of citizenship to such applicant upon proof, to the satisfaction of the Attorney General, that the following conditions have been fulfilled:
(1)At least one parent (or, at the time of his or her death, was) is 1 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)Attainment of citizenship status; receipt of certificate Upon approval of the application (which may be filed from abroad) and, except as provided in the last sentence of section 1448(a) of this title, upon taking and subscribing before an officer of the Service within the United States to the oath of allegiance required by this chapter 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)Adopted children 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 1101(b)(1) of this title.
(d)Children of Armed Forces members 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 1443a of this title.
(June 27, 1952, ch. 477, title III, ch. 2, § 322, 66 Stat. 246; Pub. L. 95–417, § 6, Oct. 5, 1978, 92 Stat. 918; Pub. L. 97–116, § 18(m), (n), Dec. 29, 1981, 95 Stat. 1620, 1621; Pub. L. 99–653, § 16, Nov. 14, 1986, 100 Stat. 3658; Pub. L. 100–525, § 8(l), Oct. 24, 1988, 102 Stat. 2618; Pub. L. 101–649, title IV, § 407(b)(2), (c)(6), (d)(5), Nov. 29, 1990, 104 Stat. 5040–5042; Pub. L. 102–232, title III, § 305(m)(3), Dec. 12, 1991, 105 Stat. 1750; Pub. L. 103–416, title I, § 102(a), Oct. 25, 1994, 108 Stat. 4306;
Pub. L. 106–139, § 1(b)(2), Dec. 7, 1999, 113 Stat. 1697; Pub. L. 106–395, title I, § 102(a), Oct. 30, 2000, 114 Stat. 1632; Pub. L. 107–273, div. C, title I, § 11030B, Nov. 2, 2002, 116 Stat. 1837; Pub. L. 110–181, div. A, title VI, § 674(b), Jan. 28, 2008, 122 Stat. 186.)
Connections48 cite this · traces to 7
Cited by 48 sections · top 40
U.S. Code
statutes-at-large
- Public Law 105–38To amend the Immigration and Nationality Technical Corrections Act of 1994 to eliminate the special transition rule for issuance of a certificate of citizenship for certain children born outside the United States
- Private Law 98–42For the relief of Mireille Laffite
- Public Law 97–116To amend the Immigration and Nationality Act, and for other purposes
- Private Law 92–30
- Public Law 106–139To amend the Immigration and Nationality Act to provide that an adopted alien who is less than 18 years of age may be considered a child under such Act if adopted with or after a sibling who is a child under such Act
- Public Law 99–653To amend the Immigration and Nationality Act, and for other purposes
- Public Law 95–417To amend the Immigration and Nationality Act to facilitate the admission into the United States of more than two adopted children, and to provide for the expeditious naturalization of adopted children
- Public Law 107–77Making appropriations for the Departments of Commerce, Justice, and Slate, the Judiciary, and related agencies for the fiscal year ending September 30, 2002, and for other purposes
- Public Law 101–649To amend the Immigration and Nationality Act to change the level, and preference system for admission, of immigrants to the United States, and to provide for administrative naturalization, and for other purposes
- Public Law 108–375To authorize appropriations for fiscal year 2005 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes
- Public Law 104–207Waiving certain enrollment requirements with respect to any bill or joint resolution of the One Hundred Fourth Congress making genera) or continuing appropriations for fiscal year 1997
- Public Law 107–273To authorize appropriations for the Department of Justice for fiscal year 2002,and for other purposes
- Public Law 106–395To amend the Immigration and Nationality Act to modify the provisions governing acquisition of citizenship by children born outside of the United States, and for other purposes
- Public Law 102–232To amend the Immigration and Nationality Act to restore certain exclusive authority in courts to administer oaths of allegiance for naturalization, to revise provisions relating to O and P nonimmigrants, and to make certain technical corrections relating to the immigration laws
- Public Law 110–181To provide for the enactment of the National Defense Authorization Act for Fiscal Year 2008, as previously enrolled, with certain modifications to address the foreign sovereign immunities provisions of title 28, United States Code, with respect to the attachment of property in certain judgments agai
register
- NoticesFinal rule
- Rules and RegulationsFinal rule; request for comments
- NoticesNotice
- Proposed RulesNotice of proposed rulemaking
- Presidential DocumentsIntroduction to the Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions
- NoticesInterim final rule
- Presidential DocumentsIntroduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions
statute-compilations
bill
- Sec. 804Title III technical amendments
- Sec. 7004Technical amendments to title III of the Immigration and Nationality Act
- Sec. 1Waiver of certain naturalization requirements for American Samoan United States nationals to become United States citizens
- Sec. 1Waiver of certain naturalization requirements for American Samoan United States nationals to become United States citizens
- Sec. 1Waiver of certain naturalization requirements for American Samoan United States nationals to become United States citizens
- Sec. 1Waiver of certain naturalization requirements for United States nationals to become United States citizens
- Sec. 80308Citizenship for certain children born outside the United States
- Sec. 80308Citizenship for certain children born outside the United States
- Sec. 233
- Sec. 3Children born and residing outside the united states
- Sec. 1Waiver of certain naturalization requirements for United States nationals to become United States citizens
- Sec. 1Waiver of certain naturalization requirements for United States nationals to become United States citizens
Traces to 7 documents
U.S. Code
- Children born outside the United States and lawfully admitted for permanent residence; conditions under which citizenship automatically acquired§ 1431
- Oath of renunciation and allegiance§ 1448
- Definitions§ 1101
- Naturalization proceedings overseas for members of the Armed Forces and their spouses and children§ 1443a
- Married persons and employees of certain nonprofit organizations§ 1430
- Certificates of citizenship or U.S. non-citizen national status; procedure§ 1452
- Immigration and Naturalization Service§ 1551
59 references not yet in our index
- 1
- June 27, 1952, ch. 477
- 66 Stat. 246
- Pub. L. 95–417, § 6
- 92 Stat. 918
- Pub. L. 97–116, § 18(m)
- 95 Stat. 1620
- Pub. L. 99–653, § 16
- 100 Stat. 3658
- Pub. L. 100–525, § 8
- 102 Stat. 2618
- Pub. L. 101–649, title IV, § 407(b)(2)
- 104 Stat. 5040–5042
- Pub. L. 102–232, title III, § 305(m)(3)
- 105 Stat. 1750
- Pub. L. 103–416, title I, § 102(a)
- 108 Stat. 4306
- Pub. L. 106–139, § 1(b)(2)
- 113 Stat. 1697
- Pub. L. 106–395, title I, § 102(a)
- 114 Stat. 1632
- Pub. L. 107–273, div. C, title I, § 11030B
- 116 Stat. 1837
- Pub. L. 110–181, div. A, title VI, § 674(b)
- 122 Stat. 186
- act June 27, 1952, ch. 477
- 66 Stat. 163
- Pub. L. 110–181
- Pub. L. 107–273, § 11030B(1)
- Pub. L. 107–273, § 11030B(2)
- Pub. L. 107–273, § 11030B(3)(A)
- Pub. L. 107–273, § 11030B(3)(B)
- Pub. L. 107–273, § 11030B(4)
- Pub. L. 107–273, § 11030B(5)
- Pub. L. 106–395
- Pub. L. 106–139
- Pub. L. 103–416
- Pub. L. 102–232
- Pub. L. 101–649, § 407(c)(6)
- Pub. L. 101–649, § 407(d)(5)
+ 19 more
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§ 1433
Children born and residing outside the United States; conditions for acquiring certificate of citizenship
Stat.×18
Bills×12
Fed. Reg.×10
Stat. Comp.×4
U.S.C.×3
C.F.R.×1
Cite1
ActJune 27, 1952, ch. 477
Stat.66 Stat. 246
Pub. L.Pub. L. 95–417, § 6
Stat.92 Stat. 918
Cites 66 · showing 12Cited by 48 across 6 sources