Volume 12 - Citizenship and Naturalization

Appendices

Before October 29, 2019, USCIS considered children of members of the U.S. armed forces or U.S. government employees, who were stationed outside of the United States, to meet the requirement of “is residing in” the United States for the purpose of acquiring citizenship under INA 320.^[1] This interpretation was consistent with the definition of “residence” for purposes of naturalization under INA 316.^[2] Based on this treatment of U.S. government employees and their children in the context of naturalization under INA 316, USCIS determined that “residing in the United States” for purposes of acquisition of citizenship under INA 320 should likewise be interpreted to include children of U.S. military and government employees stationed outside of the United States who were residing with their parents.^[3]

This interpretation, however, was inconsistent with other provisions of the Immigration and Nationality Act (INA), including the definition of “residence” at INA 101(a)(33) and language in INA 322(a) and INA 322(d), which suggested that the citizenship of military children residing outside of the United States should be considered under that provision rather than under INA 320. Effective October 29, 2019, USCIS amended its policy guidance to address these concerns, and determined that children of members of the U.S. armed forces or U.S. government employees stationed outside of the United States would not be eligible for citizenship acquisition under INA 320.^[4]

On March 26, 2020, the Citizenship for Children of Military Members and Civil Servants Act was enacted,^[5] amending INA 320, so that a child residing with his or her U.S. citizen parent, who is stationed outside of the United States as a member of the U.S. armed forces or a U.S. government employee, or is residing in marital union with a member of the U.S. armed forces or a U.S. government employee who is stationed outside of the United States, acquires citizenship under INA 320 if all requirements of INA 320(c) and INA 320(a)(1)-(2) are met. In line with the statute, USCIS rescinds its previous guidance, clarifying that these children are eligible to acquire citizenship under INA 320 if all other requirements under INA 320 are met.

The amendment to INA 320 applies to children who were under the age of 18 on March 26, 2020.

Footnotes

[^ 1] Even though the child of a member of the U.S. armed forces or U.S. government employee stationed outside of the United States may be eligible to apply for a Certificate of Citizenship under INA 322 since he or she resides outside of the United States, USCIS interpreted the child to meet residency requirements under INA 320 as well, which formerly required the child to be residing in the United States with his or her parent to acquire citizenship.

[^ 2] For example, U.S. government employees, including members of the U.S. armed forces, are eligible to apply for an exception to the continuous residence requirement for naturalization under INA 316 as long as their residency outside of the United States was on behalf of the U.S. government. See INA 316(b). See INA 316(a). See Part D, General Naturalization Requirements, Chapter 3, Continuous Residence [12 USCIS-PM D.3].

[^ 3] See Policy Manual Technical Update, Child Citizenship Act and Children of U.S. Government Employees Residing Abroad (July 20, 2015); and Acquisition of Citizenship by Children of U.S. Military and Government Employees Stationed Abroad under Section 320 of the Immigration and Nationality Act (INA), No. 103, issued May 6, 2004.

[^ 4] See USCIS Policy Alert, Defining “Residence” in Statutory Provisions Related to Citizenship [PA-2019-05] (PDF, 308.45 KB). This Policy Alert has been superseded by Policy Manual updates to reflect changes made under Pub. L. 116-133 (PDF).

[^ 5] See Pub. L. 116-133 (PDF) (March 26, 2020).

The table below provides some of the major legislative amendments that have aimed at assisting qualified military personnel and their eligible family members to become U.S. citizens or to acquire other immigration benefits, or both.

Major Legislative Amendments Assisting Military Members and their Eligible Relatives to Become U.S. Citizens or to Acquire Other Immigration Benefits
Act of May 9, 1918 (40 Stat. 512)
Accorded World War I servicemen certain exemptions from the then existing naturalization requirements First statute to provide for overseas processing; however, petitions that were filed and not acted upon by the courts were declared invalid before May 25, 1932^[1]
Modifications of 1918 Act^[2]
Under certain circumstances resident noncitizens who had departed from the United States and had served honorable in the military or naval forces of an allied country during World War I were granted special naturalization
Second War Powers Act of March 27, 1942 (amending Nationality Act of 1940)
Provided for the expeditious naturalization of members of the U.S. armed forces serving in the United States and abroad Provided for the naturalization of non-citizens serving during the war; the law permitted naturalization of those who did not meet requirements Section 702, authorized the actual naturalization of World War II servicemen outside the United States First time the Service had administrative authority to conduct naturalizations
Legislation of December 7, 1942 (amending Nationality Act of 1940)
Addition of section 323a Granted special naturalization privileges to World War I veterans Embraced persons who served with the United States military or naval forces at any time after April 20, 1898, and before July 5, 1902 (Spanish-American War), as well as persons who served on the Mexican border between June 1916 and April 1917 as members of the Regular Army or National Guard (expired December 8, 1943)
Act of June 1, 1948; Immigration and Nationality Act
Added section 324A to the Act of October 14, 1940 (Nationality Act of 1940) Revised, modified, and made permanent the earlier provisions for the expeditious naturalization of persons who served honorably in the United States armed forces during either World War I or II
Lodge Act, June 30, 1950 (64 Stat. 316)
Was periodically extended during the 1950s, finally expiring on July 1, 1959 The Act authorized naturalization under INA 329 of a noncitizen who enlisted or reenlisted overseas under the terms of the Act; subsequently entered the United States, American Samoa, Swains Island, or the Canal Zone pursuant to military orders; completed five years of service; and was honorably discharged
Korean Hostilities; Act of June 30, 1953 (Pub. L. 86)
Provided for the expeditious judicial naturalization of noncitizens, upon completion of at least 90 days' active and honorable service in the United States Armed Forces during a specified period (June 25, 1950 - July 1, 1955) extending beyond the termination date of the Korean conflict Under the statute, all petitions had to be filed before January 1, 1956
Vietnam Hostilities Act of October 24, 1968 (82 Stat. 1343)
Including Vietnam Hostilities to add as qualifying, service during a period beginning February 28, 1961, and ending on the termination fixed by the President By Executive Order 12081, September 18, 1978, the President terminated the period of Vietnam hostilities as of October 15, 1978 Allowed the designation by executive order such periods when the armed forces of the United States are engaged in armed conflict with a hostile foreign force
Grenada 15 Executive Order 12582 (February 2, 1987)^[3]
Although President Reagan designated the Grenada campaign as a period of hostilities, a federal court invalidated it entirely because, in contravention of statutory guidelines for such designations, the executive order attempted to limit the expedited naturalization benefit to persons who served in certain geographic areas and the record showed that the President would not have designated the campaign as a period of hostilities without the geographic limitations
Naturalization of Natives of the Philippines (WWII Service), Sec. 405 of Pub. L. 101-649
Addressed by Congress in 1990 by amending INA 329 (IMMACT90) Such veterans were exempted from the requirement of having been admitted to lawful permanent residence to the United States or having enlisted or reenlisted in the United States Subsequent amendments enabled naturalization processing to be conducted in the Philippines Only applied to applications filed by February 2, 1995
Hmong Veterans’ Naturalization Act of 2000
For Hmong guerilla units that aided the U.S. military during the Vietnam War era Provided an exemption from the English language requirement and special consideration for civics testing for Laotian refugees who supported the U.S. armed forces as members of guerrilla or irregular forces in Laos during the Vietnam War period of hostilities Only applied to naturalization applications filed by a veteran or spouse, within three years after May 26, 2000, or by a veteran’s widow within three years after November 1, 2000
National Defense Authorization Act for Fiscal Year 2004 (Pub. L. 108-136)
Pub. L. 108-136 was enacted on November 24, 2003 and amended certain military-related immigration provisions of the INA, to include: Reduced the required period of military service from three years to one year under INA 328 Exempted all fees from naturalization applications filed under INA 328 and 329 by eligible service members and certain veterans Added provision that citizenship obtained through INA 328 and 329 may be revoked if the person is separated from the U.S. armed forces under other than honorable conditions before the person has served for a period or periods aggregating five years Added under 8 U.S.C. 1443a that DHS must ensure that any filings, interviews, oath ceremonies, or other proceedings relating to naturalization of service members and certain military family members are available abroad through U.S. embassies, consulates, and U.S. military installations overseas as practical Extended benefits under INA 329(a) to those who serve or served as a member of the Selected Reserve of the Ready Reserve Extended certain immigration benefits to surviving spouses, children and parents of U.S. citizen service members (including those granted citizenship posthumously under INA 329(a)^[4]
National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181)
Pub. L. 110-181 was enacted on January 28, 2008 and amended certain military-related immigration provisions of the INA focused on qualifying spouses or children of members of the U.S. armed forces, to include: Added INA 284(b) to make clear that the lawful permanent resident status of a service member’s spouse or child is not jeopardized because the spouse or child resided abroad, as authorized by official orders, with the service member. This provision clarifies that USCIS must not treat such absences as abandonment or relinquishment of the spouse or child’s lawful permanent resident (LPR) status^[5] Added INA 319(e) to allow the LPR spouse of a service member to count any qualifying time spent abroad on official orders as continuous residence and physical presence in the United States. Also permits the spouse to complete the naturalization process overseas Added INA 322(d) to allow the U.S. citizen parent and service member of a child filing for naturalization to count time abroad under military orders as physical presence in the United States. Also permits the child to complete the naturalization process overseas
Kendell Frederick Citizenship Assistance Act (KFCAA) (Pub. L. 110-251)
The KFCAA was enacted on June 26, 2008 Requires DHS to use the fingerprints provided by an individual at the time the individual enlisted in the U.S. armed forces (referred to as “OPM” or “enlistment” fingerprints) or fingerprints the applicant previously submitted to USCIS for another application to satisfy the fingerprint requirement If DHS determines that new biometrics would result in more timely and effective adjudication of the individual’s naturalization application, DHS must inform the applicant of this determination and provide the applicant with information on how to submit fingerprints Requires USCIS to adjudicate applications for naturalization filed by active-duty members of the U.S. armed forces serving abroad within 180 days of the receipt of responses to all background checks
Military Personnel Citizenship Processing Act (MPCPA) (Pub. L. 110-382)
The MPCPA was enacted on October 9, 2008 Requires USCIS to complete applications for naturalization filed by service members (and certain spouses) within six months of receipt or notify the applicant of the delay Six-month notification letters must include the reason for delay and an estimated adjudication date

Footnotes

[^ 1] See Application of Campbell, 5 F.2d 247 (E.D. Wash. 1925). See Op. Sol. of Labor, Jan, 1926, CO file 79/9.

[^ 2] See Acts of July 19 and November 6, 1919, May 26, 1926, March 4, 1929, May 25, 1932, June 24, 1935, August 23, 1937, June 21, 1939, December 7, 1942.

[^ 3] See Executive Order 12582, signed on February 2, 1987 (52 FR 3395, February 4, 1987). In consideration of Matter of Reyes, 910 F. 2d 611 (9th Cir. 1990), Executive Order 12582 was revoked by Executive Order 12913 (PDF), effective February 2, 1987, (59 FR 23115, May 4, 1994).

[^ 4] See Sec. 1703 of PL 108-136.

[^ 5] See Sec. 673 of PL 110-181.

Nationality Chart 1

**Children^[1]** Born Outside the United States in Wedlock
PERIOD IN WHICH CHILD WAS BORN STEP 1: Determine period in which child was born	CITIZENSHIP OF PARENTS AT TIME OF CHILD’S BIRTH STEP 2: Determine parents’ citizenship at time of child’s birth	PARENTS’ RESIDENCE AND PHYSICAL PRESENCE PRIOR TO CHILD’S BIRTH STEP 3: Did U.S. citizen (USC) parent meet residence or physical presence requirement prior to birth? (If yes, child was a USC at birth)	CHILD’S RETENTION REQUIREMENT STEP 4: Did child meet retention requirement (if any)? (Child lost citizenship on date it became impossible to meet requirement)
Prior to May 24, 1934	Either parent a USC^[2]	USC parent resided in the United States	Not Applicable
On or After May 24, 1934 and Prior To Jan. 13, 1941	Both parents USCs	At least one USC parent resided in the United States	Not Applicable
	One USC parent and one noncitizen parent	USC parent resided in the United States	5 years residence^[3]in the United States or Outlying Possession (OLP) between ages 13 and 21 (must start before age 16)^[4] OR 5 years continuous physical presence in the United States between ages 14 and 28 (must start before age 23) OR 2 years continuous physical presence in the United States between ages 14 and 28 (must start before age 26) OR Exempt, if at time of child’s birth, USC parent was employed by U.S. government or specified organization
On or After Jan. 13, 1941 and Prior To Dec. 24, 1952	One USC parent and one noncitizen parent	USC parent resided in United States or OLP for 10 years, at least 5 years of which were after age 16 Special provisions for parents with honorable service in the U.S. armed forces: (1) Between Dec. 7, 1941 and Dec. 31, 1946, 10 years of residence, at least 5 years of which were after age 12 (2) Between Jan. 1, 1947 and Dec. 24, 1952, 10 years of physical presence, at least 5 years of which were after age 14^[5]	5 years residence in the United States or OLP between ages 13 and 21 (must start before age 16)^[6] OR 5 years continuous physical presence in the United States between ages 14 and 28 (must start before age 23)^[7] OR 2 years continuous physical presence in the United States between ages 14 and 28 (must start before age 26) OR Exempt, if at time of child’s birth, USC parent was employed by U.S. government or specified organization (exemption does not apply if parent used a special provision in column 3)^[8]
	Both parents USCs	At least one USC parent resided in the United States or OLP^[9]	Not Applicable
On or After Dec. 24, 1952 and Prior To Nov. 14, 1986	Both parents USCs	At least one USC parent resided in the United States or OLP^[10]	Not Applicable
	One USC parent and one noncitizen parent	USC parent physically present in the United States or OLP for 10 years, at least 5 years of which were after age 14^[11]	Not Applicable
*On or After* Nov. 14, 1986	Both parents USCs	At least one USC parent resided in the United States or OLP	Not Applicable
*On or After* Nov. 14, 1986	One USC parent and one noncitizen parent	USC parent physically present in the United States or OLP for 5 years, at least 2 years of which were after age 14^[12]	Not Applicable

Footnotes

[^ 1] A child must meet the definition of child under the Immigration and Nationality Act (INA). See Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 2, Definition of Child and Residence for Citizenship and Naturalization [12 USCIS-PM H.2].

[^ 2] USC mother added by Immigration and Nationality Technical Corrections Act of 1994, Pub. L. 103-416 (PDF), 108 Stat. 4305 (October 5, 1994).

[^ 3] Includes periods spent abroad while employed by the U.S. government or an international organization as defined in 22 U.S.C. 288, or as a dependent, unmarried son or daughter, who is member of the household of such an employee.

[^ 4] See former Section 301(b) in the INA of 1952, Pub. L. 82-414 (PDF), 66 Stat. 163, 236 (June 27, 1952). The child’s residence must also start before the INA of 1952’s effective date, December 24, 1952.

[^ 5] Includes periods spent abroad while employed by the U.S. government or an international organization as defined in 22 U.S.C. 288, or as a dependent, unmarried son or daughter, who is member of the household of such an employee.

[^ 6] See former Section 301(b) in the INA of 1952, Pub. L. 82-414 (PDF), 66 Stat. 163, 236 (June 27, 1952). The child’s residence must also start before the INA of 1952’s effective date, December 24, 1952.

[^ 7] See Act of October 27, 1972, Pub. L. 92-584 (PDF), 86 Stat. 1289. The child’s residence must also start before the Act’s effective date, October 27, 1972.

[^ 8] Absence of less than 12 months in the aggregate during the 5-year period does not break continuity of residence or physical presence. Absence of less than 60 days in the 2-year period in the aggregate does not break continuity of physical presence. Honorable service in the U.S. armed forces counts as residence or physical presence.

Retention Requirements

A child is relieved from the retention requirements if, prior to his or her 18th birthday, the child begins to reside permanently in the United States and the noncitizen parent naturalizes.
The Act of October 10, 1978, Pub. L. 95-423 (PDF), repealed retention requirements prospectively only. Anyone born on or after October 11, 1952 (not age 26 on October 10, 1978) was no longer subject to retention requirements. Since the amending legislation was prospective only, it did not restore citizenship to anyone who, prior to its enactment, had lost citizenship for failing to meet the retention requirements.

[^ 9] Includes periods spent abroad while employed by the U.S. government or an international organization as defined in 22 U.S.C. 288, or as a dependent, unmarried son or daughter, who is member of the household of such an employee.

[^ 10] Includes periods spent abroad while employed by the U.S. government or an international organization as defined in 22 U.S.C. 288, or as a dependent, unmarried son or daughter, who is member of the household of such an employee.

[^ 11] Includes periods spent abroad while employed by the U.S. government or an international organization as defined in 22 U.S.C. 288, or as a dependent, unmarried son or daughter, who is member of the household of such an employee.

[^ 12] See former Section 301(b) in the INA of 1952, Pub. L. 82-414 (PDF), 66 Stat. 163, 236 (June 27, 1952). The child’s residence must also start before the INA of 1952’s effective date, December 24, 1952.

Nationality Chart 2 (4 tables below)

Children^[1] Born Outside the United States Out of Wedlock

Child Born Out of Wedlock to U.S. Citizen Mother (Table 1 of 4)
PERIOD IN WHICH CHILD WAS BORN	ELIGIBILITY REQUIREMENTS
Prior To May 24, 1934	The mother resided in the United States at any time before the child’s birth.^[2]
On or After May 24, 1934 and Prior To Dec. 24, 1952	The mother resided in the United States or OLP at any time prior to the child’s birth.
On or After Dec. 24, 1952 and Prior To June 12, 2017	The mother maintained at least 1 year of continuous physical presence in the United States or OLP at any time prior to the child’s birth.
On or After June 12, 2017^[3]	The mother was physically present in the United States or OLP for at least 5 years prior to the child’s birth (at least 2 years of which were after age 14).

Child Born Out of Wedlock to U.S. Citizen Father and Noncitizen Mother

*Child Legitimated by Father (Table 2 of 4)*
PERIOD IN WHICH CHILD WAS BORN	ELIGIBILITY REQUIREMENTS
Prior To May 24, 1934	The child was legitimated at any time after birth under the laws of the father’s domicile; The USC father resided in the United States prior to the child’s birth; and No residence required for the child to retain U.S. citizenship.
On or After May 24, 1934 and Prior To Jan. 13, 1941	The child was legitimated at any time after birth under the laws of the father’s domicile; The USC father resided in the United States prior to the child’s birth;^[4] and The child met retention requirements. See Nationality Chart 1 for retention requirements.
On or After Jan. 13, 1941 and Prior To Dec. 24, 1952	The child was legitimated before age 21 under the laws of the father’s domicile; The USC father resided in the United States or OLP for at least 10 years, at least 5 years of which were after age 14, at the time of the child’s birth; and The child met retention requirements. See Nationality Chart 1 for special provisions and for retention requirements.
On or After Dec. 24, 1952 and Prior To Nov. 14, 1986	The child was legitimated before age 21 under the laws of the father’s domicile;^[5] The child was legitimated PRIOR TO Nov. 14, 1986; The child must be unmarried; The USC father was physically present in the United States or OLP for 10 years, at least 5 years of which were after age 14, at the time of the child’s birth; and No residence required for the child to retain U.S. citizenship. See Nationality Chart 1 for special provisions.

Child Born Out of Wedlock to U.S. Citizen Father and Noncitizen Mother

*Child Legitimated or Acknowledged by Father (Table 3 of 4)*
DATE RELATIONSHIP ESTABLISHED	ELIGIBILITY REQUIREMENTS
On or After Nov. 14, 1986	The child was legitimated OR acknowledged before age 18* (legitimated under the laws of the child’s residence or domicile; or paternity acknowledged in writing under oath; or paternity established by court order); A blood relationship between the child and father was established; The father, unless deceased, has agreed in writing to provide financial support until child reaches age 18;^[6] The child must be unmarried; and The USC father was physically present in the United States or OLP for 5 years, at least 2 years of which were after age 14, at the time of the child’s birth. *A child age 18 or over on Nov. 14, 1986 could use the old law.^[7] A child at least age 15, but under 18, could use either law (date of birth on or after Nov. 15, 1968).

Child Born Out of Wedlock to Two U.S. Citizen Parents (Table 4 of 4)
PERIOD IN WHICH CHILD WAS BORN	ELIGIBILITY REQUIREMENTS If both parents are U.S. citizens, the child may qualify under either parent. The child must meet the requirements for acquisition of citizenship under the mother OR the father; the child does not need to meet both requirements.
On or After Dec. 24, 1952 and Prior To Nov. 14, 1986	Citizenship through U.S. Citizen Mother The mother had at least 1 year of continuous physical presence in the United States or OLP at any time prior to the child’s birth. Citizenship through U.S. Citizen Father The child was legitimated before age 21 under the laws of the father’s domicile;^[8] The child was legitimated PRIOR TO Nov. 14, 1986; The child must be unmarried; and Either parent resided in the United States at any time prior to the child’s birth.
On or After Nov. 14, 1986 and Prior To June 12, 2017	Citizenship through U.S. Citizen Mother The mother had at least 1 year of continuous physical presence in the United States or OLP at any time prior to the child’s birth. Citizenship through U.S. Citizen Father The child was legitimated OR acknowledged before age 18* (legitimated under the laws of the child’s residence or domicile; or paternity acknowledged in writing under oath; or paternity established by court order); A blood relationship between the child and father was established; The father, unless deceased, has agreed in writing to provide financial support until child reaches age 18;^[9] The child must be unmarried; and Either parent resided in the United States at any time prior to the child’s birth. *A child age 18 or over on Nov. 14, 1986 could use the old law.^[10] A child at least age 15, but under 18, could use either law (date of birth on or after Nov. 15, 1968).
On or After June 12, 2017	Citizenship through U.S. Citizen Father The child was legitimated OR acknowledged before age 18 (legitimated under the laws of the child’s residence or domicile; or paternity acknowledged in writing under oath; or paternity established by court order); A blood relationship between child and father was established; The father, unless deceased, has agreed in writing to provide financial support until child reaches age 18;^[11] The child must be unmarried; and Either parent resided in the United States at any time prior to the child’s birth. If the child does not meet these requirements, but one or both parents resided in the United States at any time prior to the child’s birth, the officer should consult the Office of the Chief Counsel (OCC).

Footnotes

[^ 2] See INA 301(h) (added to the INA by Section 101(a) of the Immigration and Nationality Technical Corrections Act of 1994 (INTCA), Pub. L. 103-416 (PDF), 108 Stat. 4305, 4306 (October 25, 1994)). Before INTCA, children born out of wedlock to a U.S. citizen mother and noncitizen father before May 24, 1934 were noncitizens at birth but acquired citizenship on January 13, 1941, retroactive to the date of birth, if the mother resided in the United States or an outlying possession (OLP) at any time before the child’s birth and if the child was not legitimated by the noncitizen father before January 13, 1941. See Section 205 of the Nationality Act of 1940, Pub. L. 76-853 (PDF), 54 Stat. 1137, 1139 (October 14, 1940).

[^ 3] See Sessions v. Morales-Santana (PDF), 137 S.Ct. 1678 (2017).

[^ 4] Includes periods spent abroad while employed by the U.S. government or an international organization as defined in 22 U.S.C. 288, or as the dependent unmarried son who resided as a member of the employee’s household during any relevant period(s) of absence from the United States.

[^ 5] In cases arising within the Ninth Circuit, the laws of the father’s residence and the laws of the child’s residence must be considered to determine whether legitimation occurred. See Burgess v. Meese, 802 F.2d 338 (9th Cir. 1986).

[^ 6] For additional information regarding a written statement of financial support, see Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 3, U.S. Citizens at Birth (INA 301 and 309), Section C, Child Born Out of Wedlock [12 USCIS-PM H.3(C)].

[^ 7] See Child Born Out Of Wedlock to U.S. Citizen Father and Noncitizen Mother; Child Legitimated by Father (Table 2 of 4).

[^ 8] In cases arising within the Ninth Circuit, the laws of the father’s residence and the laws of the child’s residence must be considered to determine whether legitimation occurred. See Burgess v. Meese, 802 F.2d 338 (9th Cir. 1986).

[^ 9] For additional information regarding a written statement of financial support, see Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 3, U.S. Citizens at Birth (INA 301 and 309), Section C, Child Born Out of Wedlock [12 USCIS-PM H.3(C)].

[^ 10] See Child Born Out Of Wedlock to U.S. Citizen Father and Noncitizen Mother; Child Legitimated by Father (Table 2 of 4).

[^ 11] For additional information regarding a written statement of financial support, see Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 3, U.S. Citizens at Birth (INA 301 and 309), Section C, Child Born Out of Wedlock [12 USCIS-PM H.3(C)].

**Nationality Chart 3**

**Derivative Citizenship of Children^[1]**

A child may derive U.S. citizenship during the below listed historical periods if such child was under the statutory age, AND the child became a lawful permanent resident (LPR), AND the parent(s) naturalized. It does not matter in which order the actions occurred.
PERIOD IN WHICH LAST ACTION TOOK PLACE	CHILD BECAME LPR BEFORE STATUTORY AGE OF	NATURALIZATION OF PARENT(S) PRIOR TO CHILD’S STATUTORY AGE	ADDITIONAL REMARKS
*Prior To* May 24, 1934	21 years old	At least one parent naturalized	None
*On or After* May 24, 1934 *and Prior To* Jan. 13, 1941	21 years old	At least one parent naturalized	U.S. citizenship effective 5 years from date child becomes an LPR^[2]
	21 years old	Both parents^[3]naturalized	None
*On or After* Jan. 13, 1941 *and Prior To* Dec. 24, 1952	18 years old	Both parents^[4]naturalized	Child born out of wedlock derived on Dec. 24, 1952 if under age 16 and had remained an LPR^[5]
*On or After* Dec. 24, 1952 *and Prior To* Oct. 5, 1978	18 years old	Both parents^[6]naturalized	Child unmarried (does not include adopted children,^[7] but adopted children may derive through the naturalization of their biological parent(s) after adoption if all other requirements are met)^[8]
*On or After* Oct. 5, 1978 *and Prior To* Feb. 27, 2001	18 years old	Both parents^[9] naturalized	Child unmarried (includes certain adopted^[10] children adopted before age 16 who are residing with adoptive parent(s) at the time of their naturalization)
*On or After* Feb. 27, 2001	18 years old	At least one parent is a U.S. citizen by birth or naturalization	Child resides in the United States^[11] in legal and physical custody of U.S. citizen parent (includes adopted child^[12] of U.S. citizen; must meet INA 101(b)(1) requirements for adopted children)

Footnotes

[^ 2] Child relieved of the remainder of the 5-year waiting period if the naturalized parent meets definition of “both parents.”

[^ 3] The definition of “both parents” includes:

The surviving parent should the other parent die;
The naturalized parent having legal custody in the case of a divorce; or
The mother of a child born out of wedlock.

[^ 4] The definition of “both parents” as found in Section 313-14 of the Nationality Act of 1940, Pub. L. 76-853, 54 Stat. 1145-46 (October 14, 1940) includes:

The surviving parent should the other parent die;
The naturalized parent having legal custody in the case of a divorce or a legal separation; or
The noncitizen parent who naturalizes when the other parent is already a U.S. citizen since the child’s birth.

[^ 5] Once the child was legitimated under the age of 16, both parents were required to naturalize.

[^ 6] The definition of “both parents” as found in former INA 321 and former INA 320, Pub. L 82-414 (PDF), 66 Stat. 163, 245 (June 27, 1952) includes:

The surviving parent should the other parent die;
The naturalized parent having legal custody in the case of a divorce or a legal separation;
The mother of a child born out of wedlock, as long as the child had not been legitimated (if a child was properly legitimated under the age of 16, the law required both parents to naturalize); or
The noncitizen parent who naturalizes when the other parent is already a U.S. citizen since the child’s birth.

[^ 7] For more information about adopted children, see Volume 5, Adoptions, Part F, Citizenship for Adopted Children, Appendix: How Previous Citizenship Provisions Apply to Adopted Children [5 USCIS-PM F, Appendices Tab].

[^ 8] In the Second Circuit (New York, Connecticut, and Vermont), the child is not required to become an LPR before the age of 18, provided that the child begins to reside permanently in the United States while under the age of 18. A child begins to reside permanently in the United States when the child is physically in the United States, intends to reside in the United States permanently, and has taken some official action to accomplish that, such as applying for lawful permanent residence. For additional information, officers should contact their local OCC counsel.

[^ 9] The definition of “both parents” as found in former INA 321, Pub. L 82-414 (PDF), 66 Stat. 163, 245 (June 27, 1952) includes:

The surviving parent should the other parent die;
The naturalized parent having legal custody in the case of a divorce or a legal separation; or
The mother of a child born out of wedlock, as long as the child had not been legitimated (if a child was properly legitimated under the age of 16, the law required both parents to naturalize).

The definition of “both parents” as found in former INA 320, Pub. L 82-414 (PDF), 66 Stat. 163, 245 (June 27, 1952) includes:

The noncitizen parent who naturalizes when the other parent is already a U.S. citizen since the child’s birth.
In the case of a child with one adoptive parent and one natural parent, the adoptive parent must naturalize. The adoptive parent may not be a native-born U.S. citizen.

[^ 10] An adopted child must be residing in the United States, with lawful admission, in the custody of the adoptive parent(s) at the time of the parent’s naturalization, meet all the requirements for adopted children in INA 101(b)(1), and be adopted by a certain age depending on the period of last action. For more information, see Volume 5, Adoptions, Part F, Citizenship for Adopted Children, Appendix: How Previous Citizenship Provisions Apply to Adopted Children [5 USCIS-PM F, Appendices Tab].

[^ 11] On or after March 26, 2020, a child who is residing outside the United States may be considered to be residing in the United States in the legal and physical custody of the U.S. citizen parent if all of the following requirements are met:

The child is in the legal and physical custody of a U.S. citizen parent who is:
- Stationed and residing outside of the United States as a member of the U.S. armed forces;
- Stationed and residing outside of the United States as an employee of the U.S. government; or
- The spouse residing outside the United States in marital union with a U.S. armed forces member or U.S. government employee who is stationed outside of the United States.
In cases involving the child of a U.S. armed forces member, the child is authorized to accompany and reside with the U.S. armed forces member as provided by the member’s official orders.
In cases involving the child of a spouse of a U.S. armed forces member, the child and the spouse are both authorized to accompany and reside with the U.S. armed forces member as provided by the member’s official orders.

[^ 12] For more information on adopted children, see Volume 5, Adoptions, Part F, Citizenship for Adopted Children [5 USCIS-PM F].

Nationality Chart 4

*Children of U.S. Citizens Regularly Residing Outside the United States (INA 322)^[1]*
GENERAL REQUIREMENTS	PHYSICAL PRESENCE OF PARENT OR GRANDPARENT
Must meet the definition of child under INA 101(c)(1).^[2] The child has at least one U.S. citizen (USC) parent by birth or through naturalization (including an adoptive parent). An adoptive parent must meet the requirements of INA 101(b)(1)(E), INA 101(b)(1)(F), or INA 101(b)(1)(G).^[3] The child’s USC parent or USC grandparent meets physical presence requirements. The child is under 18 years of age (at the time of adjudication and the taking of the Oath of Allegiance,^[4] unless the Oath is waived because the child is unable to understand its meaning by reason of mental incapacity or young age). The child is residing outside of the United States in the legal and physical custody of the USC parent, or a person who does not object to the application if the USC parent is deceased. At the time the application is approved and time of naturalization, the child is lawfully admitted, physically present, and maintaining a lawful status in the United States. Both the child and the citizen parent must appear at an interview. *Children of Military Members* For children of military members authorized to accompany the member abroad and residing with the military member parent: The parent’s authorized period abroad counts as physical presence in the United States; The child does not need to reside in the United States in lawful status; and The child may take the Oath abroad.^[5] *U.S. Citizen Grandparent or Legal Guardian Filing on Behalf of Child* If the USC parent has died, the child’s USC grandparent or USC legal guardian may file on the child’s behalf within 5 years of the USC parent’s death.	U.S. Citizen Parent USC parent was physically present in the United States or its outlying possessions for at least 5 years (at least 2 years of which were after age 14) OR U.S. Citizen Grandparent If the USC parent has died, the USC parent must have met the physical presence requirement stated above at time of death. If the child’s USC parent does not meet the requirement, the child may rely on the physical presence of the child’s USC grandparent (at least 5 years, at least 2 years of which were after age 14), provided the grandparent meets the requirement as of the USC parent’s time of death.

Footnotes

[^ 1] Since the enactment of the Immigration and Nationality Act (INA) of 1952, Pub. L. 82-414 (PDF) (June 27, 1952), Congress has provided for the naturalization of a child under age 18 upon petition by the U.S. citizen parent. See INA 322. The requirements varied with different amendments, but naturalization under this provision always required an application or petition by the parent; citizenship was not automatic.

[^ 2] See Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 2, Definition of Child and Residence for Citizenship and Naturalization [12 USCIS-PM H.2]. See INA 101(c)(1).

[^ 3] For more information on adopted children, see Volume 5, Adoptions, Part F, Citizenship for Adopted Children [5 USCIS-PM F].

[^ 4] See Volume 12, Citizenship and Naturalization, Part J, Oath of Allegiance [12 USCIS-PM J].

[^ 5] See INA 322(d).

Current as of April 11, 2024

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