8 U.S.C. § 1431 — Children born outside the United States

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 district of the Service in the United States in which the applicant filed his applica- tion for at least three months’’ for ‘‘has resided within the State in which he filed his petition for at least six months.’’ Subsec. (b). Pub. L. 101–649, § 407(d)(4)(A), substituted ‘‘before the Attorney General’’ for ‘‘before the natu- ralization court’’ in cl. (3). Pub. L. 101–649, § 407(b)(1)(B), substituted ‘‘within a State or a district of the Service in the United States’’ for ‘‘within the jurisdiction of the naturalization court’’. Subsec. (c). Pub. L. 101–649, § 407(d)(4)(B), substituted ‘‘Attorney General’’ for ‘‘naturalization court’’ in cl. (5). Pub. L. 101–649, § 407(c)(5), substituted ‘‘application’’ for ‘‘petition’’. Pub. L. 101–649, § 407(b)(1)(C), substituted ‘‘district of the Service in the United States’’ for ‘‘within the juris- diction of the court’’. Subsec. (d). Pub. L. 101–649, § 407(b)(1)(B), substituted ‘‘within a State or a district of the Service in the United States’’ for ‘‘within the jurisdiction of the natu- ralization court’’. 1968—Subsec. (d). Pub. L. 90–369 added subsec. (d). 1967—Subsec. (c). Pub. L. 90–215 added subsec. (c). 1958—Subsec. (b). Pub. L. 85–697 inserted provision re- lating to persons performing religious duties. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110–181, div. A, title VI, § 674(d), Jan. 28, 2008, 122 Stat. 186, provided that: ‘‘The amendments made by this section [amending this section and sections 1433 and 1443a of this title] shall take effect on the date of enactment of this Act [Jan. 28, 2008] and apply to any application for naturalization or issuance of a certifi- cate of citizenship pending on or after such date.’’ EFFECTIVE DATE OF 2003 AMENDMENT Pub. L. 108–136, div. A, title XVII, § 1703(f)(2), Nov. 24, 2003, 117 Stat. 1695, provided that: ‘‘The amendment made by paragraph (1) [amending this section] shall apply with respect to persons granted posthumous citi- zenship under section 329A of the Immigration and Na- tionality Act (8 U.S.C. 1440–1) due to death on or after September 11, 2001.’’ Amendment by Pub. L. 108–136 effective as if enacted Sept. 11, 2001, see section 1705(a) of Pub. L. 108–136, set out as a note under section 1439 of this title. ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title. REQUIREMENTS FOR CITIZENSHIP FOR STAFF OF GEORGE C. MARSHALL EUROPEAN CENTER FOR SECURITY STUDIES Pub. L. 101–193, title V, § 506, Nov. 30, 1989, 103 Stat. 1709, as amended by Pub. L. 104–208, div. C, title VI, § 671(g)(1), Sept. 30, 1996, 110 Stat. 3009–724; Pub. L. 105–85, div. A, title IX, § 923, Nov. 18, 1997, 111 Stat. 1863, provided that: ‘‘(a) For purposes of section 319(c) of the Immigration and Nationality Act (8 U.S.C. 1430(c)), the George C. Marshall European Center for Security Studies, located in Garmisch, Federal Republic of Germany, shall be considered to be an organization described in clause (1) of such section. ‘‘(b) Subsection (a) shall apply with respect to periods of employment before, on, or after the date of the en- actment of this Act [Nov. 30, 1989]. ‘‘(c) No more than two persons per year may be natu- ralized based on the provisions of subsection (a). ‘‘(d) Each instance of naturalization based on the pro- visions of subsection (a) shall be reported to the Com- mittees on the Judiciary of the Senate and House of Representatives and to the Select Committee on Intel- ligence of the Senate and the Permanent Select Com- mittee on Intelligence of the House of Representatives prior to such naturalization.’’ § 1431. Children born outside the United States and lawfully admitted for permanent resi- dence; conditions under which citizenship automatically acquired (a) In general A child born outside of the United States auto- matically 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 cit- izen 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 per- manent 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. (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 per- manent residence in the United States if— (1) the child is residing in the legal and physical custody of a citizen parent who is— 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