§ 322 (8 USC 1433) Children born and residing outside the United States; conditions for acquiring certificate of citizenship

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 320 of this Act [8 U.S.C 1431] . 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.

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 337(a) of this Act [8 U.S.C 1448(a)] , 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.

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 101(b)(1) of this Act [8 U.S.C 1101(b)(1)] .

Children of Armed Forces members

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.

any period of time during which the member of the Armed Forces is residing abroad pursuant to official orders shall be treated, for purposes of subsection (a)(2)(A) , as physical presence in the United States;

2.

subsection (a)(5) shall not apply; and

3.

the oath of allegiance described in subsection (b) may be subscribed to abroad pursuant to section 1443a of this title [8 U.S.C 1443a].