8 U.S.C. § 1433
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:
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.
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.
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 So in original. The word "is" probably should appear after "parent".
8 U.S.C. § 1433
EDITORIAL NOTES
REFERENCES IN TEXTThis chapter, referred to in subsec. (b), was in the original, "this Act", meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.
AMENDMENTS2008-Subsec. (d). Pub. L. 110-181 added subsec. (d).2002-Subsec. (a). Pub. L. 107-273, §11030B(1), in introductory provisions, inserted "(or, if the citizen parent has died during the preceding 5 years, a citizen grandparent or citizen legal guardian)" after "citizen of the United States" and substituted "such applicant" for "such parent".Subsec. (a)(1). Pub. L. 107-273, §11030B(2), inserted "(or, at the time of his or her death, was)" after "parent".Subsec. (a)(2)(A). Pub. L. 107-273, §11030B(3)(A), inserted "(or, at the time of his or her death, had)" after "(A) has".Subsec. (a)(2)(B). Pub. L. 107-273, §11030B(3)(B), inserted "(or, at the time of his or her death, had)" after "(B) has".Subsec. (a)(4). Pub. L. 107-273, §11030B(4), amended par. (4) generally. Prior to amendment, par. (4) read as follows: "The child is residing outside of the United States in the legal and physical custody of the citizen parent, is temporarily present in the United States pursuant to a lawful admission, and is maintaining such lawful status." Subsec. (a)(5). Pub. L. 107-273, §11030B(5), added par. (5). 2000- Pub. L. 106-395 amended section catchline and text generally, revising and restating provisions relating to acquisition of certificate of citizenship for certain children born outside the United States.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.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110-181 effective Jan. 28, 2008, and applicable to any application for naturalization or issuance of a certificate of citizenship pending on or after such date, see section 674(d) of Pub. L. 110-181 set out as a note under section 1430 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106-395 effective 120 days after Oct. 30, 2000, and applicable to individuals who satisfy the requirements of this section or section 1431 of this title as in effect on such effective date, see section 104 of Pub. L. 106-395 set out as a note under section 1431 of this title.
EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103-416, title I, §102(d), Oct. 25, 1994, 108 Stat. 4307, 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 Pub. L. 102-232, title III, §305(m), Dec. 12, 1991, 105 Stat. 1750, provided that the amendment made by section 305(m) 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.
ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONSFor abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
APPLICATION OF 1994 AMENDMENT Pub. L. 103-416, title I, §102(e), 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.
- Attorney General
- The term "Attorney General" means the Attorney General of the United States.
- Service
- The term "Service" means the Immigration and Naturalization Service of the Department of Justice.
- State
- The term "State" includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.
- naturalization
- The term "naturalization" means the conferring of nationality of a state upon a person after birth, by any means whatsoever.
- residence
- The term "residence" means the place of general abode; the place of general abode of a person means his principal, actual dwelling place in fact, without regard to intent.
- admission
- The terms "admission" and "admitted" mean, with respect to an alien, the lawful entry of the alien into the United States after inspection and authorization by an immigration officer.