§1431. Children born outside the United States and lawfully admitted for permanent residence; conditions under which citizenship automatically acquired — Inbound Citations

Citations to 8 U.S.C. § 1431 as a whole

• 8 U.S.C. § 1101(c)(1)

  Go to provision →
  (1) The term “child” means an unmarried person under twenty-one years of age and includes a child legitimated under the law of the child’s residence or domicile, or under the law of the father’s residence or domicile, whether in the United States or elsewhere, and, except as otherwise provided in sections 1431 and 1432¹ of this title, a child adopted in the United States, if such legitimation or adoption takes place before the child reaches the age of 16 years (except to the extent that the child is described in subparagraph (E)(ii) or (F)(ii) of subsection (b)(1)), and the child is in the legal custody of the legitimating or adopting parent or parents at the time of such legitimation or adoption.
• 8 U.S.C. § 1433(a)

  Go to provision →
  (a) 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) is¹ 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.
• 10 U.S.C. § 1052(g)(3)(D)(i)

  Go to provision →
  (i) the adopted child is entitled to automatic citizenship under section 320 of the Immigration and Nationality Act (8 U.S.C. 1431); or