8 U.S.C. § 1431 — Children born outside the United States and lawfully admitted for permanent residence; conditions under which citizenship automatically acquired
submitted 74 years ago by ch. 477 to r/title-8-ALIENS-AND-NATIONALITY · 381 words · no verdicts yet
A qualifying child born outside the United States automatically becomes a citizen. The section also covers adopted children, qualifying children living abroad with military or Federal personnel, and citizenship-document information.
(a) A child born outside the United States automatically becomes a citizen when (1) at least one parent is a citizen by birth or naturalization, (2) the child is under 18, and (3) after lawful permanent* admission* the child lives in the citizen parent’s legal and physical custody in the United States. (b) This applies to an adopted child who meets section 1101(b)(1). (c) The residence* condition is treated as met for a lawfully admitted* permanent resident child living abroad in the legal and physical custody of a citizen parent who is (1)(A) a Government employee stationed abroad, (B) living abroad in marital union with such an employee, or (2)(A)(i) an Armed Forces member stationed abroad, or (ii) authorized by official orders to accompany and live abroad with such a member in marital union, when (B) the child is also authorized and does so. (d) A citizenship certificate or other Federal document must show the name and birth date in the listed State* court or vital-records document issued after adoption or readoption in the child’s State of residence.
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:
At least one parent of the child is a citizen of the United States, whether by birth or naturalization.
The child is under the age of eighteen years.
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*.
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.
Subsection (a)(3) is deemed satisfied in the case of a child who is lawfully admitted* for permanent residence in the United States if—
the child is residing in the legal and physical custody of a citizen parent who is—
stationed and residing abroad as an employee of the Government of the United States; or
residing abroad in marital union with an employee of the Government of the United States who is stationed abroad; or
the child is—
residing in the legal and physical custody of a citizen parent who is—
stationed and residing abroad as a member of the Armed Forces of the United States; or
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
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.
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.
Source credit: (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.)
- 1952Enacted · Act of June 27, 1952, ch. 477 · 66 Stat. 245
- 1978Amended · Pub. L. 95-417 · 92 Stat. 917
- 1981Amended · Pub. L. 97-116 · 95 Stat. 1620
- 1986Amended · Pub. L. 99-653 · 100 Stat. 3657
- 1988Amended · Pub. L. 100-525 · 102 Stat. 2618, 2621
- 2000Amended · Pub. L. 106-395 · 114 Stat. 1631
- 2014Amended · Pub. L. 113-74 · 127 Stat. 1212
- 2020Amended · Pub. L. 116-133 · 134 Stat. 274
A history note hasn’t been published yet. The record shows enactment by ch. 477 on 1952-06-27.
all 0 arguments · sorted by: best
no arguments yet — make the first case