INSERTS/PUBLIC LAWS AMENDING THE INA
Pub. L. 106-395 Child Citizenship Act of 2000
Pub. L. 106-395 Child Citizenship Act of 2000
106th Congress
October 30, 2000
114 Stat. 1631
[H.R. 2883]
One Hundred Sixth Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To amend the Immigration and Nationality Act to modify the provisions governing acquisition of citizenship by children born outside of the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress
assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ?Child Citizenship Act of 2000?.
TITLE I–CITIZENSHIP FOR CERTAIN CHILDREN BORN OUTSIDE THE UNITED STATES
Pub. L. 106-395 Child Citizenship Act of 2000
SEC. 101. AUTOMATIC ACQUISITION OF CITIZENSHIP FOR CERTAIN CHILDREN BORN OUTSIDE THE UNITED STATES.
SEC. 101. AUTOMATIC ACQUISITION OF CITIZENSHIP FOR CERTAIN CHILDREN BORN OUTSIDE THE UNITED STATES.
(a) IN GENERAL- Section 320 of the Immigration and Nationality Act (8 U.S.C. 1431) is amended to read as follows:
?CHILDREN BORN OUTSIDE THE UNITED STATES AND RESIDING PERMANENTLY IN THE UNITED STATES; CONDITIONS UNDER WHICH CITIZENSHIP AUTOMATICALLY ACQUIRED
?SEC. 320. (a) A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled:
?(1) At least one parent of the child is a citizen of the United States, whether by birth or naturalization.
?(2) The child is under the age of eighteen years.
?(3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.
?(b) Subsection (a) 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).?.
(b) CLERICAL AMENDMENT- The table of sections of such Act is amended by striking the item relating to section 320 and inserting the following:
?Sec. 320. Children born outside the United States and residing permanently in the United States; conditions under which citizenship automatically acquired.?.
Pub. L. 106-395 Child Citizenship Act of 2000/SEC. 102
ACQUISITION OF CERTIFICATE OF CITIZENSHIP FOR CERTAIN CHILDREN BORN OUTSIDE THE UNITED STATES.
SEC. 102. ACQUISITION OF CERTIFICATE OF CITIZENSHIP FOR CERTAIN CHILDREN BORN OUTSIDE THE UNITED STATES.
(a) IN GENERAL- Section 322 of the Immigration and Nationality Act (8 U.S.C. 1433) is amended to read as follows:
?CHILDREN BORN AND RESIDING OUTSIDE THE UNITED STATES; CONDITIONS FOR ACQUIRING CERTIFICATE OF CITIZENSHIP
?SEC. 322. (a) A parent who is a citizen of the United States may apply for naturalization on behalf of a child born outside of the United States who has not acquired citizenship automatically under section 320. The Attorney General shall issue a certificate of citizenship to such parent upon proof, to the satisfaction of the Attorney General, that the following conditions have been fulfilled:
?(1) At least one parent is a citizen of the United States, whether by birth or naturalization.
?(2) The United States citizen parent–
?(A) 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; or
?(B) has 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 citizen parent, is temporarily present in the United States pursuant to a lawful admission, and is maintaining such lawful status.
?(b) Upon approval of the application (which may be filed from abroad) and, except as provided in the last sentence of section 337(a), upon taking and subscribing before an officer of the Service within the United States to the oath of allegiance required by this Act 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.
?(c) Subsections (a) and (b) 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).?.
(b) CLERICAL AMENDMENT- The table of sections of such Act is amended by striking the item relating to section 322 and inserting the following:
?Sec. 322. Children born and residing outside the United States; conditions for acquiring certificate of citizenship.?.
Pub. L. 106-395 Child Citizenship Act of 2000
SEC. 103. CONFORMING AMENDMENT.
SEC. 103. CONFORMING AMENDMENT.
(a) IN GENERAL- Section 321 of the Immigration and Nationality Act (8 U.S.C. 1432) is repealed.
(b) CLERICAL AMENDMENT- The table of sections of such Act is amended by striking the item relating to section 321.