---
kind: "section"
citation: "8 C.F.R. § 322.2"
title: "8"
number: "322.2"
heading: "Eligibility."
url: "https://uscodex.org/cfr/8/322.2"
---

# §322.2. Eligibility.

- (a) **General.** A child will be eligible for citizenship under section 322 of the Act, if the following conditions have been fulfilled:
  - (1) The child has at least one United States citizen parent (by birth or naturalization);
  - (2) The United States citizen parent has been physically present in the United States or its outlying possessions for at least 5 years, at least 2 of which were after the age of 14, or the United States citizen parent has a United States citizen parent who has been physically present in the United States or its outlying possessions for at least 5 years, at least 2 of which were after the age of 14;
  - (3) The child currently is under 18 years of age;
  - (4) The child currently is residing outside the United States in the legal and physical custody of the United States citizen parent; and
  - (5) The child is temporarily present in the United States pursuant to a lawful admission and is maintaining such lawful status in the United States.
- (b) **Additional requirements if child is adopted.** If an adopted child, all of the requirements in [paragraph (a)](#a) of this section must be fulfilled and the child must satisfy the requirements applicable to adopted children under [section 101(b)(1)](/cfr/8/101.md?p=b-1) of the Act.
- (c) **Exceptions for children of military personnel.** Pursuant to section 322(d) of the Act, a child of a member of the Armed Forces of the United States residing abroad is exempt from the temporary physical presence, lawful admission, and maintenance of lawful status requirements under [8 CFR 322.2(a)(5)](#a-5), if the child:
  - (1) Is authorized to accompany and reside abroad with the member of the Armed Forces pursuant to the member's official orders; and
  - (2) **Is accompanying and residing abroad with the member of the Armed Forces.**

## Notes

### Amendments

[66 FR 32144, June 13, 2001, as amended at 76 FR 53799, Aug. 29, 2011]

### Authority

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

### Source

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

### Amendments

[66 FR 32144, June 13, 2001, as amended at 76 FR 53799, Aug. 29, 2011]