---
kind: "section"
citation: "8 C.F.R. § 320.2"
title: "8"
number: "320.2"
heading: "Who is eligible for citizenship?"
url: "https://uscodex.org/cfr/8/320.2"
---

# §320.2. Who is eligible for citizenship?

- (a) **General.** To be eligible for citizenship under section 320 of the Act, a person must establish that the following conditions have been met after February 26, 2001:
  - (1) The child has at least one United States citizen parent (by birth or naturalization);
  - (2) The child is under 18 years of age; and
  - (3) The child is residing in the United States in the legal and physical custody of the United States citizen parent, pursuant to a lawful admission for permanent residence.
- (b) **Additional requirements if child is adopted.** If adopted, the child must meet all of the requirements in [paragraph (a)](#a) of this section as well as satisfy the requirements applicable to adopted children under [section 101(b)(1)](/cfr/8/101.md?p=b-1) of the Act.

## Notes

### Authority

Authority: 8 U.S.C. 1103, 1443; 8 CFR part 2.

### Source

Source: 66 FR 32144, June 13, 2001, unless otherwise noted.