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8 U.S.C. § 1431 — Children born outside the United States and lawfully admitted for permanent residence; conditions under which citizenship automatically acquired
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** 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) Adoption** 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 1101(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/b/1&num=0&edition=prelim).
**(c) Children of military and Federal Government personnel residing abroad** Subsection (a)(3) is deemed satisfied in the case of a child who is lawfully admitted for permanent residence in the United States if—
(1) the child is residing in the legal and physical custody of a citizen parent who is—
(A) stationed and residing abroad as an employee of the Government of the United States; or
(B) residing abroad in marital union with an employee of the Government of the United States who is stationed abroad; or
(2) the child is—
(A) residing in the legal and physical custody of a citizen parent who is—
(i) stationed and residing abroad as a member of the Armed Forces of the United States; or
(ii) authorized to accompany and reside abroad with a member of the Armed Forces of the United States pursuant to the member’s official orders, and is so accompanying and residing abroad with the member in marital union; and
(B) authorized to accompany such member and
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Source file: Laws/federal/codes/united-states-code/title-8/section-1431-children-born-outside-the-united-states-and-lawfully-admitted-for-perman--0b3d070dd9.md
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Source location: Title 8, Chapter 12, § 1431; chapter-012-immigration-and-nationality.md
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**(a) In general** 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) Adoption** 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 1101(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/b/1&num=0&edition=prelim).
**(c) Children of military and Federal Government personnel residing abroad** Subsection (a)(3) is deemed satisfied in the case of a child who is lawfully admitted for permanent residence in the United States if—
(1) the child is residing in the legal and physical custody of a citizen parent who is—
(A) stationed and residing abroad as an employee of the Government of the United States; or
(B) residing abroad in marital union with an employee of the Government of the United States who is stationed abroad; or
(2) the child is—
(A) residing in the legal and physical custody of a citizen parent who is—
(i) stationed and residing abroad as a member of the Armed Forces of the United States; or
(ii) authorized to accompany and reside abroad with a member of the Armed Forces of the United States pursuant to the member’s official orders, and is so accompanying and residing abroad with the member in marital union; and
(B) 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.
**(d) Name and birth date** 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1431&num=0&edition=prelim). 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 11 So in original. The word “is” probably should appear after “parent”. 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 admis
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** As used in this chapter—
(1) The term “administrator” means the official designated by the Secretary of State pursuant to [section 1104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1104/b&num=0&edition=prelim).
(2) The term “advocates” includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in.
(3) The term “alien” means any person not a citizen or national of the United States.
(4) The term “application for admission” has reference to the application for admission into the United States and not to the application for the issuance of an immigrant or nonimmigrant visa.
(5) The term “Attorney General” means the Attorney General of the United States.
(6) The term “border crossing identification card” means a document of identity bearing that designation issued to an alien who is lawfully admitted for permanent residence, or to an alien who is a resident in foreign contiguous territory, by a consular officer or an immigration officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its issuance and use as may be prescribed by regulations. Such regulations shall provide that (A) each such document include a biometric identifier (such as the fingerprint or handprint of the alien) that is machine readable and (B) an alien presenting a border crossing identification card is not permitted to cross over the border into the United States unless the biometric identifier contained on the card matches the appropriate biometric characteristic of the alien.
(7) The term “clerk of court” means a clerk of a naturalization court.
(8) The terms “Commissioner” and “Deputy Commissioner” mean the Co
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, acts June 27, 1952, ch. 477, title III, ch. 2, § 321, 66 Stat. 245; Pub. L. 95–417, § 5, Oct. 5, 1978, 92 Stat. 918; Pub. L. 97–116, § 18(m), Dec. 29, 1981, 95 Stat. 1620; Pub. L. 99–653, § 15, Nov. 14, 1986, 100 Stat. 3658; Pub. L. 100–525, § 8(l), Oct. 24, 1988, 102 Stat. 2618, related to conditions for automatic citizenship of children born outside the United States of alien parents.
#### Effective Date of Repeal
Repeal effective 120 days after Oct. 30, 2000, see section 104 of Pub. L. 106–395, set out as an Effective Date of 2000 Amendment note under [section 1431 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1431&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorization To Reimburse.—** The Secretary of Defense shall carry out a program under which a member of the armed forces may be reimbursed, as provided in this section, for qualifying adoption expenses incurred by the member in the adoption of a child under 18 years of age.
**(b) Adoptions Covered.—** An adoption for which expenses may be reimbursed under this section includes an adoption by a single person, an infant adoption, an intercountry adoption, and an adoption of a child with special needs (as defined in section 473(c) of the Social Security Act ([42 U.S.C. 673(c)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section673/c&num=0&edition=prelim))).
**(c) Benefits Paid After Adoption Is Final.—** Benefits paid under this section in the case of an adoption may be paid only after the adoption is final.
**(d) Treatment of Other Benefits.—** A benefit may not be paid under this section for any expense paid to or for a member of the armed forces under any other adoption benefits program administered by the Federal Government or under any such program administered by a State or local government.
**(e) Limitations.—**
(1) Not more than $2,000 may be paid under this section to a member of the armed forces, or to two such members who are spouses of each other, for expenses incurred in the adoption of a child.
(2) Not more than $5,000 may be paid under this section to a member of the armed forces, or to two such members who are spouses of each other, for adoptions by such member (or members) in any calendar year.
**(f) Regulations.—** The Secretary of Defense shall prescribe regulations to carry out this section.
**(g) Definitions.—** In this section:
(1) The term “qualifying adoption expenses” means reasonable and necessary expenses
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 701, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 301, 54 Stat. 1140, related to jurisdiction to naturalize. See [section 1421 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1421&num=0&edition=prelim).
Section 702, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 302, 54 Stat. 1140, related to sex or marriage, as affecting eligibility for naturalization. See [section 1422 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1422&num=0&edition=prelim).
Section 703, acts Oct. 14, 1940, ch. 876, title I, subchap. III, § 303, 54 Stat. 1140; Dec. 17, 1943, ch. 344, § 3, 57 Stat. 601; July 2, 1946, ch. 534, § 1, 60 Stat. 416; Aug. 1, 1950, ch. 512, § 4(b), 64 Stat. 385, related to races affecting eligibility. See [section 1422 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1422&num=0&edition=prelim).
Section 704, acts Oct. 14, 1940, ch. 876, title I, subchap. III, § 304, 54 Stat. 1140; Sept. 23, 1950, ch. 1024, title I, § 30, 64 Stat. 1018, related to language, history and principles of government affecting eligibility. See [section 1423 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1423&num=0&edition=prelim).
Section 705, acts Oct. 14, 1940, ch. 876, title I, subchap. III, § 305, 54 Stat. 1141; Sept. 23, 1950, ch. 1024, title I, § 25, 64 Stat. 1013, related to exclusion from naturalization. See sections 1424(a)–(c), 1427(f), and 1451(c) of this title.
Section 706, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 306, 54 Stat. 1141, related to desertion from the armed forces or evasion of draft as affecting eligibility. See [section 1425 of this title](https://us
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Federal law — U.S. Code and appendices · legal_authorities
Page 496
TITLE 8—ALIENS AND NATIONALITY
§ 1431
Stat. 687; Pub. L. 90–215, § 1(a), Dec. 18, 1967, 81
Stat. 661; Pub. L. 90–369, June 29, 1968, 82 Stat.
279; Pub. L. 101–649, title IV, § 407(b)(1), (c)(5),
(d)(4), Nov. 29, 1990, 104 Stat. 5040, 5041; Pub. L.
106–386, div. B, title V, § 1503(e), Oct. 28, 2000, 114
Stat. 1522; Pub. L. 108–136, div. A, title XVII,
§ 1703(f)(1), (h), Nov. 24, 2003, 117 Stat. 1695, 1696;
Pub. L. 110–181, div. A, title VI, § 674(a), Jan. 28,
2008, 122 Stat. 185.)
Editorial Notes
AMENDMENTS
2008—Subsec. (e). Pub. L. 110–181 added subsec. (e).
2003—Subsec. (d). Pub. L. 108–136, § 1703(h), inserted
‘‘, child, or parent’’ after ‘‘surviving spouse’’ and
‘‘, parent, or child’’ after ‘‘whose citizen spouse’’, and
substituted ‘‘who, in the case of a surviving spouse, was
living’’ for ‘‘who was living’’.
Pub. L. 108–136, § 1703(f)(1), inserted at end ‘‘For pur-
poses of this subsection, the terms ‘United States cit-
izen’ and ‘citizen spouse’ include a person granted post-
humous citizenship under section 1440–1 of this title.’’
2000—Subsec. (a). Pub. L. 106–386 inserted ‘‘, or any
person who obtained status as a lawful permanent resi-
dent by reason of his or her status as a spouse or child
of a United States citizen who battered him or her or
subjected him or her to extreme cruelty,’’ after ‘‘cit-
izen of the United States’’ and ‘‘(except in the case of
a person who has been battered or subjected to extreme
cruelty by a United States citizen spouse or parent)’’
after ‘‘has been living in marital union with the citizen
spouse’’.
1990—Subsec. (a). Pub. L. 101–649, § 407(c)(5), sub-
stituted ‘‘application’’ for ‘‘petition’’ wherever appear-
ing.
Pub. L. 101–649, § 407(b)(1)(A), substituted ‘‘has resided
within the State or the d
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