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8 U.S.C. § 1432 — Repealed. Pub. L. 106–395, title I, § 103(a),
Federal law — U.S. Code and appendices · legal_authorities
Page 497
TITLE 8—ALIENS AND NATIONALITY
§ 1433
(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 cus-
tody 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 ac-
companying 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 ac-
companying 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.
(June 27, 1952, ch. 477, title III, ch. 2, § 320, 66
Stat. 245; Pub. L. 95–417, § 4, Oct. 5, 1978, 92 Stat.
917; Pub. L. 97–116, § 18(m), Dec. 29, 1981, 95 Stat.
1620; Pub. L. 99–653, § 14, Nov. 14, 1986, 100 Stat.
3657; Pub. L. 100–525, §§ 8(l), 9(w), Oct. 24, 1988, 102
Stat. 2618, 2621; Pub. L. 106–395, title I, § 101(a),
Oct. 30, 2000, 114 Stat. 1631; Pub. L. 113–74, § 2,
Jan. 16, 2014, 127 Stat. 1212; Pub. L. 116–133, § 2(a),
Mar. 26, 2020, 134 Stat. 274.
Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1432
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Source file: Laws/federal/codes/united-states-code-2024/title-8/section-1432-repealed-pub-l-106395-title-i-103-a--6398cf8ed5.md
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Source location: USCODE-2024-title8-chap12-subchapIII-partII-sec1432.pdf
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Page 497
TITLE 8—ALIENS AND NATIONALITY
§ 1433
(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 cus-
tody 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 ac-
companying 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 ac-
companying 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.
(June 27, 1952, ch. 477, title III, ch. 2, § 320, 66
Stat. 245; Pub. L. 95–417, § 4, Oct. 5, 1978, 92 Stat.
917; Pub. L. 97–116, § 18(m), Dec. 29, 1981, 95 Stat.
1620; Pub. L. 99–653, § 14, Nov. 14, 1986, 100 Stat.
3657; Pub. L. 100–525, §§ 8(l), 9(w), Oct. 24, 1988, 102
Stat. 2618, 2621; Pub. L. 106–395, title I, § 101(a),
Oct. 30, 2000, 114 Stat. 1631; Pub. L. 113–74, § 2,
Jan. 16, 2014, 127 Stat. 1212; Pub. L. 116–133, § 2(a),
Mar. 26, 2020, 134 Stat. 274.)
Editorial Notes
AMENDMENTS
2020—Pub. L. 116–133, § 2(a)(1), substituted ‘‘Children
born outside the united states and lawfully admitted
for permanent residence; conditions under which citi-
zenship automatically acquired’’ for ‘‘Children born
outside the United States and residing permanently in
the United States; conditions under which citizenship
automatically acquired; determinations of name and
birth date’’ in section catchline.
Subsecs. (c), (d). Pub. L. 116–133, § 2(a)(2), (3), added
subsec. (c) and redesignated former subsec. (c) as (d).
2014—Subsec. (c). Pub. L. 113–74 added subsec. (c).
2000—Pub. L. 106–395 amended section catchline and
text generally. Prior to amendment, text read as fol-
lows:
‘‘(a) A child born outside of the United States, one of
whose parents at the time of the child’s birth was an
alien and the other of whose parents then was and
never thereafter ceased to be a citizen of the United
States, shall, if such alien parent is naturalized, be-
come a citizen of the United States, when—
‘‘(1) such naturalization takes place while such
child is unmarried and under the age of eighteen
years; and
‘‘(2) such child is residing in the United States pur-
suant to a lawful admission for permanent residence
at the time of naturalization or thereafter and begins
to reside permanently in the United States while
under the age of eighteen years.
‘‘(b) Subsection (a) of this section shall apply to an
adopted child only if the child is residing in the United
States at the time of naturalization of such adoptive
parent, in the custody of his adoptive parents, pursuant
to a lawful admission for permanent residence.’’
1988—Subsec. (a)(1). Pub. L. 100–525, § 8(l), repealed
Pub. L. 99–653, § 14. See 1986 Amendment note below.
Subsec. (b). Pub. L. 100–525, § 9(w), substituted ‘‘Sub-
section (a)’’ for ‘‘Subsection (a)(1)’’.
1986—Subsec. (a)(1). Pub. L. 99–653, § 14, which inserted
‘‘unmarried and’’ after ‘‘such child is’’, was repealed by
Pub. L. 100–525, § 8(l).
1981—Subsec. (b). Pub. L. 97–116 substituted ‘‘an
adopted child only if the child’’ for ‘‘a child adopted
while under the age of sixteen years who’’.
1978—Subsec. (a). Pub. L. 95–417 substituted in pars.
(1) and (2) ‘‘eighteen years’’ for ‘‘sixteen years’’.
Subsec. (b). Pub. L. 95–417 substituted provisions
making subsec. (a)(1) of this section applicable to
adopted children for provisions making subsec. (a) of
this section inapplicable to adopted children.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106–395, title I, § 104, Oct. 30, 2000, 114 Stat.
1633, provided that: ‘‘The amendments made by this
title [amending this section and section 1433 of this
title and repealing section 1432 of this title] shall take
effect 120 days after the date of the enactment of this
Act [Oct. 30, 2000] and shall apply to individuals who
satisfy the requirements of section 320 or 322 of the Im-
migration and Nationality Act [8 U.S.C. 1431, 1433], as
in effect on such effective date.’’
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by section 8(l) of Pub. L. 100–525 effective
as if included in the enactment of the Immigration and
Nationality Act Amendments of 1986, Pub. L. 99–653, see
section 309(b)(15) of Pub. L. 102–232, set out as an Effec-
tive and Termination Dates of 1988 Amendments note
under section 1101 of this title.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–116 effective Dec. 29, 1981,
see section 21(a) of Pub. L. 97–116, set out as a note
under section 1101 of this title.
§ 1432. Repealed. Pub. L. 106–395, title I, § 103(a),
Oct. 30, 2000, 114 Stat. 1632
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 con-
ditions for automatic citizenship of children born out-
side the United States of alien parents.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effective 120 days after Oct. 30, 2000, see sec-
tion 104 of Pub. L. 106–395, set out as an Effective Date
of 2000 Amendment note under section 1431 of this title.
§ 1433. Children born and residing outside the
United States; conditions for acquiring cer-
tificate of citizenship
(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 pre-
ceding 5 years, a citizen grandparent or citizen
legal guardian) may apply for naturalization on
behalf of a child born outside of the United
Cross-references
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1431
Stored review status: release_metadata_unconfirmed. The source passage cites 8 U.S.C. § 1431. This identifies an authority to review, not proof of applicability.
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
Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1431
Stored review status: historical_2024_not_currentness_verified. The source passage cites 8 U.S.C. § 1431. This identifies an authority to review, not proof of applicability.
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).
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1432
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.