§1433. Child born outside United States; application for certificate of citizenship requirements

(a) Application of citizen parents; requirements

A parent who is a citizen of the United States may apply to the Attorney General for a certificate of citizenship on behalf of a child born outside the United States. The Attorney General shall issue such a certificate of citizenship upon proof to the satisfaction of the Attorney General that the following conditions have been fulfilled:

(1) At least one parent is a citizen of the United States, whether by birth or naturalization.

(2) The child is physically present in the United States pursuant to a lawful admission.

(3) The child is under the age of 18 years and in the legal custody of the citizen parent.

(4) If the citizen parent is an adoptive parent of the child, the child was adopted by the citizen parent before the child reached the age of 16 years (except to the extent that the child is described in clause (ii) of subparagraph (E) or (F) of section 1101(b)(1) of this title) and the child meets the requirements for being a child under either of such subparagraphs.

(5) If the citizen parent has not 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-

(A) the child is residing permanently in the United States with the citizen parent, pursuant to a lawful admission for permanent residence, or

(B) a citizen parent of the citizen parent 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.

(b) Attainment of citizenship status; receipt of certificate

Upon approval of the application (which may be filed 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

Subsection (a) of this section shall apply to the adopted child of a United States citizen adoptive parent if the conditions specified in such subsection have been fulfilled.

(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 .)

Amendments

1999-Subsec. (a)(4). Pub. L. 106–139 substituted "16 years (except to the extent that the child is described in clause (ii) of subparagraph (E) or (F) of section 1101(b)(1) of this title)" for "16 years" and "either of such subparagraphs" for "subparagraph (E) or (F) of section 1101(b)(1) of this title".

1994-Pub. L. 103–416 amended section generally, substituting present provisions for former provisions which related to: in subsec. (a) naturalization on application of citizen parents; in subsec. (b) adopted children; and subsec. (c) specified period of residence for adopted children.

1991-Pub. L. 102–232 amended section catchline.

1990-Subsec. (a). Pub. L. 101–649, §407(c)(6), substituted "applying" for "petitioning" and "application" for "petition".

Subsec. (c). Pub. L. 101–649, §407(d)(5), substituted "Attorney General" for first reference to "naturalization court" in cl. (2)(C).

Pub. L. 101–649, §407(c)(6), substituted "applies" for "petitions".

Pub. L. 101–649, §407(b)(2), substituted "within a State or a district of the Service in the United States" for "within the jurisdiction of the naturalization court".

1988-Subsec. (a). Pub. L. 100–525 repealed Pub. L. 99–653, §16. See 1986 Amendment note below.

1986-Subsec. (a). Pub. L. 99–653, §16, which inserted "unmarried and" after "be naturalized if", was repealed by Pub. L. 100–525.

1981-Subsec. (b). Pub. L. 97–116, §18(m), substituted "an adopted child only if the child" for "a child adopted while under the age of sixteen years who".

Subsec. (c). Pub. L. 97–116, §18(n), added subsec. (c).

1978-Subsec. (b). Pub. L. 95–417 substituted provisions making subsec. (a) of this section applicable to adopted children for provisions making subsec. (a) of this section inapplicable to adopted children.

Effective Date of 1994 Amendment

Section 102(d) of Pub. L. 103–416 provided that: "The amendments made by this section [amending this section and section 1452 of this title] shall take effect on the first day of the first month beginning more than 120 days after the date of the enactment of this Act [Oct. 25, 1994]."

Effective Date of 1991 Amendment

Section 305(m) of Pub. L. 102–232 provided that the amendment made by that section is effective as if included in section 407(d) of the Immigration Act of 1990, Pub. L. 101–649.

Effective Date of 1988 Amendment

Amendment by 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 Effective 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.

Application of 1994 Amendment

Section 102(e) of Pub. L. 103–416, as added by Pub. L. 104–208, div. C, title VI, §671(b)(2), Sept. 30, 1996, 110 Stat. 3009–721 , which provided that in applying amendment made by subsection (a), amending this section, to children born before Nov. 14, 1986, any reference in matter inserted by such amendment to "five years, at least two of which" was deemed a reference to "10 years, at least 5 of which", was repealed by Pub. L. 105–38, §1, Aug. 8, 1997, 111 Stat. 1115 , effective as if included in the enactment of Pub. L. 103–416.

Cross References

Definition of the term-

Child, as used in subchapters I and II of this chapter, see section 1101(b)(1) of this title.

Child, as used in this subchapter, see section 1101(c)(1) of this title.

Lawfully admitted for permanent residence, see section 1101(a)(20) of this title.

Naturalization, see section 1101(a)(23) of this title.

Parent, as used in subchapters I and II of this chapter, see section 1101(b)(2) of this title.

Parent, as used in this subchapter, see section 1101(c)(2) of this title.

Person of good moral character, see section 1101(f) of this title.

United States, see section 1101(a)(38) of this title.

Section Referred to in Other Sections

This section is referred to in section 1448 of this title.