US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 8USC1431]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
             SUBCHAPTER III--NATIONALITY AND NATURALIZATION
 
               Part II--Nationality Through Naturalization
 
Sec. 1431. Children born outside the United States and residing 
        permanently in the United States; conditions under which 
        citizenship automatically acquired
        
    (a) 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) Subsection (a) of this section 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.

(June 27, 1952, ch. 477, title III, ch. 2, Sec. 320, 66 Stat. 245; Pub. 
L. 95-417, Sec. 4, Oct. 5, 1978, 92 Stat. 917; Pub. L. 97-116, 
Sec. 18(m), Dec. 29, 1981, 95 Stat. 1620; Pub. L. 99-653, Sec. 14, Nov. 
14, 1986, 100 Stat. 3657; Pub. L. 100-525, Secs. 8(l), 9(w), Oct. 24, 
1988, 102 Stat. 2618, 2621; Pub. L. 106-395, title I, Sec. 101(a), Oct. 
30, 2000, 114 Stat. 1631.)


                               Amendments

    2000--Pub. L. 106-395 amended section catchline and text generally. 
Prior to amendment, text read as follows:
    ``(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, become 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 pursuant 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, Sec. 8(l), repealed Pub. L. 
99-653, Sec. 14. See 1986 Amendment note below.
    Subsec. (b). Pub. L. 100-525, Sec. 9(w), substituted ``Subsection 
(a)'' for ``Subsection (a)(1)''.
    1986--Subsec. (a)(1). Pub. L. 99-653, Sec. 14, which inserted 
``unmarried and'' after ``such child is'', was repealed by Pub. L. 100-
525, Sec. 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.


                    Effective Date of 2000 Amendment

    Pub. L. 106-395, title I, Sec. 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 Immigration 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 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 1101, 1433 of this title.