US Laws, Codes, Statutes & Cases

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 8USC1433]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
             SUBCHAPTER III--NATIONALITY AND NATURALIZATION
 
               Part II--Nationality Through Naturalization
 
Sec. 1433. Children born and residing outside the United States; 
        conditions for acquiring certificate 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 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:
        (1) At least one parent (or, at the time of his or her death, 
    was) is a citizen of the United States, whether by birth or 
    naturalization.
        (2) The United States citizen parent--
            (A) has (or, at the time of his or her death, had) 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; or
            (B) has (or, at the time of his or her death, had) a citizen 
        parent who 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.

        (3) The child is under the age of eighteen years.
        (4) The child is residing outside of the United States in the 
    legal and physical custody of the applicant (or, if the citizen 
    parent is deceased, an individual who does not object to the 
    application).
        (5) The child is temporarily present in the United States 
    pursuant to a lawful admission, and is maintaining such lawful 
    status.

(b) Attainment of citizenship status; receipt of certificate

    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.

(c) Adopted children

    Subsections (a) and (b) 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. 322, 66 Stat. 246; Pub. 
L. 95-417, Sec. 6, Oct. 5, 1978, 92 Stat. 918; Pub. L. 97-116, 
Sec. 18(m), (n), Dec. 29, 1981, 95 Stat. 1620, 1621; Pub. L. 99-653, 
Sec. 16, Nov. 14, 1986, 100 Stat. 3658; Pub. L. 100-525, Sec. 8(l), Oct. 
24, 1988, 102 Stat. 2618; Pub. L. 101-649, title IV, Sec. 407(b)(2), 
(c)(6), (d)(5), Nov. 29, 1990, 104 Stat. 5040-5042; Pub. L. 102-232, 
title III, Sec. 305(m)(3), Dec. 12, 1991, 105 Stat. 1750; Pub. L. 103-
416, title I, Sec. 102(a), Oct. 25, 1994, 108 Stat. 4306; Pub. L. 106-
139, Sec. 1(b)(2), Dec. 7, 1999, 113 Stat. 1697; Pub. L. 106-395, title 
I, Sec. 102(a), Oct. 30, 2000, 114 Stat. 1632; Pub. L. 107-273, div. C, 
title I, Sec. 11030B, Nov. 2, 2002, 116 Stat. 1837.)


                               Amendments

    2002--Subsec. (a). Pub. L. 107-273, Sec. 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, Sec. 11030B(2), inserted ``(or, at 
the time of his or her death, was)'' after ``parent''.
    Subsec. (a)(2)(A). Pub. L. 107-273, Sec. 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, Sec. 11030B(3)(B), inserted 
``(or, at the time of his or her death, had)'' after ``(B) has''.
    Subsec. (a)(4). Pub. L. 107-273, Sec. 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, Sec. 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, Sec. 407(c)(6), substituted 
``applying'' for ``petitioning'' and ``application'' for ``petition''.
    Subsec. (c). Pub. L. 101-649, Sec. 407(d)(5), substituted ``Attorney 
General'' for first reference to ``naturalization court'' in cl. (2)(C).
    Pub. L. 101-649, Sec. 407(c)(6), substituted ``applies'' for 
``petitions''.
    Pub. L. 101-649, Sec. 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, Sec. 16. 
See 1986 Amendment note below.
    1986--Subsec. (a). Pub. L. 99-653, Sec. 16, which inserted 
``unmarried and'' after ``be naturalized if'', was repealed by Pub. L. 
100-525.
    1981--Subsec. (b). Pub. L. 97-116, Sec. 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, Sec. 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 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

    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.

  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.


                      Application of 1994 Amendment

    Section 102(e) of Pub. L. 103-416, as added by Pub. L. 104-208, div. 
C, title VI, Sec. 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, Sec. 1, Aug. 8, 1997, 111 Stat. 1115, 
effective as if included in the enactment of Pub. L. 103-416.

                  Section Referred to in Other Sections

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