Volume 12 - Citizenship and Naturalization
Resources
18 U.S.C. 611 - Voting by aliens
29 U.S.C. 794 - Nondiscrimination under federal grants and programs
6 CFR 15 - Enforcement of nondiscrimination on the basis of disability in programs or activities conducted by the Department of Homeland Security
8 CFR 2 - Authority of the Secretary of the Department of Homeland Security
8 CFR 310.1 - Naturalization authority
8 CFR 316.5(b)(6) - Residence for certain spouses of military personnel
8 CFR 316.6 - Physical presence for certain spouses of military personnel
8 CFR 318 - Pending Removal Proceedings
8 CFR 329.2 - Special Classes of Persons Who May Be Naturalized: Persons with Active Duty or Certain Ready Reserve Service in the United States Armed Forces During Specified Periods of Hostilities - Eligibility
8 CFR 334.4 - Investigation and report if applicant is sick or disabled
8 CFR 335.5 - Receipt of derogatory information after grant
8 U.S.C. 1443a - Overseas naturalization for service members and their qualifying spouses and children
INA 101(a)(43) - Definition of aggravated felony
INA 101(a)(48)(A) - Definition of conviction
INA 101(b) - Definition of child
INA 101(c) - Definition of child for citizenship and naturalization
INA 101(f) - Definition of good moral character
INA 245A(b)(1)(D), 8 CFR 245a.17 - Meeting English and civics requirements under IRCA 1986
INA 284 - Applicability to members of the armed forces
INA 301 - Nationals and citizens of the United States at birth
INA 302 - Persons born in Puerto Rico
INA 303 - Persons born in the Canal Zone or Republic of Panama
INA 306 - Persons living in and born in the Virgin Islands
INA 307 - Persons living in and born in Guam
INA 308 - Nationals but not citizens of the United States at birth
INA 309 - Children born out of wedlock
INA 310(b)(4) - Naturalization authority and issuance of certificates
INA 314 - Ineligibility to naturalization of deserters from U.S. armed forces
INA 315 - Citizenship denied alien relieved of service in armed forces because of alienage
INA 316(e), 8 CFR 316.10 - Good moral character
INA 317 - Temporary absence of persons performing religious duties
INA 318 - Prerequisite to naturalization, burden of proof
INA 319(e) - Residence, physical presence, and overseas naturalization for certain spouses of military personnel
INA 325 - Nationals but not citizens; residence within outlying possessions
INA 327 - Former citizens losing citizenship by entering armed forces of foreign countries during World War II
INA 328(f) - Revocation of naturalization
INA 329(c) - Revocation of naturalization
INA 330 - Constructive residence through service on certain United States vessels
INA 332(e), 8 CFR 332 - Issuance of certificates of citizenship and naturalization
INA 334(a), 8 CFR 334.2(b) - 90-day early filing provision
INA 340 - Revocation of naturalization
INA 340(f), 8 CFR 340 - Cancellation of certificate after revocation of naturalization
Pub. L. 104-208 (PDF) - Illegal Immigration Reform and Immigrant Responsibility Act of 1996
Pub. L. 116-92 (PDF) - Section 7611 of the National Defense Authorization Act for Fiscal Year 2020
Pub. L. 89-732 (PDF) - Cuban Refugees Adjustment of Status
Appendices
Before October 29, 2019, USCIS considered children of members of the U.S. armed forces or U.S. government employees, who were stationed outside of the United States, to meet the requirement of “is residing in” the United States for the purpose of acquiring citizenship under INA 320.[1] This interpretation was consistent with the definition of “residence” for purposes of naturalization under INA 316.[2] Based on this treatment of U.S. government employees and their children in the context of naturalization under INA 316, USCIS determined that “residing in the United States” for purposes of acquisition of citizenship under INA 320 should likewise be interpreted to include children of U.S. military and government employees stationed outside of the United States who were residing with their parents.[3]
This interpretation, however, was inconsistent with other provisions of the Immigration and Nationality Act (INA), including the definition of “residence” at INA 101(a)(33) and language in INA 322(a) and INA 322(d), which suggested that the citizenship of military children residing outside of the United States should be considered under that provision rather than under INA 320. Effective October 29, 2019, USCIS amended its policy guidance to address these concerns, and determined that children of members of the U.S. armed forces or U.S. government employees stationed outside of the United States would not be eligible for citizenship acquisition under INA 320.[4]
On March 26, 2020, the Citizenship for Children of Military Members and Civil Servants Act was enacted,[5] amending INA 320, so that a child residing with his or her U.S. citizen parent, who is stationed outside of the United States as a member of the U.S. armed forces or a U.S. government employee, or is residing in marital union with a member of the U.S. armed forces or a U.S. government employee who is stationed outside of the United States, acquires citizenship under INA 320 if all requirements of INA 320(c) and INA 320(a)(1)-(2) are met. In line with the statute, USCIS rescinds its previous guidance, clarifying that these children are eligible to acquire citizenship under INA 320 if all other requirements under INA 320 are met.
The amendment to INA 320 applies to children who were under the age of 18 on March 26, 2020.
Footnotes
[^ 1] Even though the child of a member of the U.S. armed forces or U.S. government employee stationed outside of the United States may be eligible to apply for a Certificate of Citizenship under INA 322 since he or she resides outside of the United States, USCIS interpreted the child to meet residency requirements under INA 320 as well, which formerly required the child to be residing in the United States with his or her parent to acquire citizenship.
[^ 2] For example, U.S. government employees, including members of the U.S. armed forces, are eligible to apply for an exception to the continuous residence requirement for naturalization under INA 316 as long as their residency outside of the United States was on behalf of the U.S. government. See INA 316(b). See INA 316(a). See Part D, General Naturalization Requirements, Chapter 3, Continuous Residence [12 USCIS-PM D.3].
[^ 3] See Policy Manual Technical Update, Child Citizenship Act and Children of U.S. Government Employees Residing Abroad (July 20, 2015); and Acquisition of Citizenship by Children of U.S. Military and Government Employees Stationed Abroad under Section 320 of the Immigration and Nationality Act (INA), No. 103, issued May 6, 2004.
[^ 4] See USCIS Policy Alert, Defining “Residence” in Statutory Provisions Related to Citizenship [PA-2019-05] (PDF, 308.45 KB). This Policy Alert has been superseded by Policy Manual updates to reflect changes made under Pub. L. 116-133 (PDF).
[^ 5] See Pub. L. 116-133 (PDF) (March 26, 2020).
The table below provides some of the major legislative amendments that have aimed at assisting qualified military personnel and their eligible family members to become U.S. citizens or to acquire other immigration benefits, or both.
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Act of May 9, 1918 (40 Stat. 512) |
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Modifications of 1918 Act[2] |
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Second War Powers Act of March 27, 1942 (amending Nationality Act of 1940) |
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Legislation of December 7, 1942 (amending Nationality Act of 1940) |
|
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Act of June 1, 1948; Immigration and Nationality Act |
|
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Lodge Act, June 30, 1950 (64 Stat. 316) |
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Korean Hostilities; Act of June 30, 1953 (Pub. L. 86) |
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Vietnam Hostilities Act of October 24, 1968 (82 Stat. 1343) |
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Grenada 15 Executive Order 12582 (February 2, 1987)[3] |
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Naturalization of Natives of the Philippines (WWII Service), Sec. 405 of Pub. L. 101-649 |
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Hmong Veterans’ Naturalization Act of 2000 |
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National Defense Authorization Act for Fiscal Year 2004 (Pub. L. 108-136) |
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National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181) |
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Kendell Frederick Citizenship Assistance Act (KFCAA) (Pub. L. 110-251) |
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Military Personnel Citizenship Processing Act (MPCPA) (Pub. L. 110-382) |
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Footnotes
[^ 1] See Application of Campbell, 5 F.2d 247 (E.D. Wash. 1925). See Op. Sol. of Labor, Jan, 1926, CO file 79/9.
[^ 2] See Acts of July 19 and November 6, 1919, May 26, 1926, March 4, 1929, May 25, 1932, June 24, 1935, August 23, 1937, June 21, 1939, December 7, 1942.
[^ 3] See Executive Order 12582, signed on February 2, 1987 (52 FR 3395, February 4, 1987). In consideration of Matter of Reyes, 910 F. 2d 611 (9th Cir. 1990), Executive Order 12582 was revoked by Executive Order 12913 (PDF), effective February 2, 1987, (59 FR 23115, May 4, 1994).
[^ 4] See Sec. 1703 of PL 108-136.
[^ 5] See Sec. 673 of PL 110-181.
|
PERIOD IN WHICH CHILD WAS BORN STEP 1: Determine period in which child was born |
CITIZENSHIP OF PARENTS AT TIME OF CHILD’S BIRTH STEP 2: Determine parents’ citizenship at time of child’s birth |
PARENTS’ RESIDENCE AND PHYSICAL PRESENCE PRIOR TO CHILD’S BIRTH STEP 3: Did U.S. citizen (USC) parent meet residence or physical presence requirement prior to birth? (If yes, child was a USC at birth) |
CHILD’S RETENTION REQUIREMENT STEP 4: Did child meet retention requirement (if any)? (Child lost citizenship on date it became impossible to meet requirement) |
|---|---|---|---|
|
Prior to May 24, 1934 |
Either parent a USC[2] |
USC parent resided in the United States |
Not Applicable |
|
On or After May 24, 1934
and Prior To Jan. 13, 1941 |
Both parents USCs |
At least one USC parent resided in the United States |
Not Applicable |
|
One USC parent and one alien parent |
USC parent resided in the United States |
5 years residence[3] in the United States or Outlying Possession (OLP) between ages 13 and 21 (must start before age 16)[4] OR 5 years continuous physical presence in the United States between ages 14 and 28 (must start before age 23) OR 2 years continuous physical presence in the United States between ages 14 and 28 (must start before age 26) OR Exempt, if at time of child’s birth, USC parent was employed by U.S. government or specified organization |
|
|
On or After Jan. 13, 1941
and Prior To Dec. 24, 1952 |
One USC parent and one alien parent |
USC parent resided in United States or OLP for 10 years, at least 5 years of which were after age 16 Special provisions for parents with honorable service in the U.S. armed forces: (1) Between Dec. 7, 1941 and Dec. 31, 1946, 10 years of residence, at least 5 years of which were after age 12 (2) Between Jan. 1, 1947 and Dec. 24, 1952, 10 years of physical presence, at least 5 years of which were after age 14[5] |
5 years residence in the United States or OLP between ages 13 and 21 (must start before age 16)[6] OR 5 years continuous physical presence in the United States between ages 14 and 28 (must start before age 23)[7] OR 2 years continuous physical presence in the United States between ages 14 and 28 (must start before age 26) OR Exempt, if at time of child’s birth, USC parent was employed by U.S. government or specified organization (exemption does not apply if parent used a special provision in column 3)[8] |
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Both parents USCs |
At least one USC parent resided in the United States or OLP[9] |
Not Applicable |
|
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On or After Dec. 24, 1952
Nov. 14, 1986 |
Both parents USCs |
At least one USC parent resided in the United States or OLP[10] |
Not Applicable |
|
One USC parent and one alien parent |
USC parent physically present in the United States or OLP for 10 years, at least 5 years of which were after age 14[11] |
Not Applicable |
|
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On or After Nov. 14, 1986 |
Both parents USCs |
At least one USC parent resided in the United States or OLP |
Not Applicable |
|
One USC parent and one alien parent |
USC parent physically present in the United States or OLP for 5 years, at least 2 years of which were after age 14[12] |
Not Applicable |
Footnotes
[^ 1] A child must meet the definition of child under the Immigration and Nationality Act (INA). See Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 2, Definition of Child and Residence for Citizenship and Naturalization [12 USCIS-PM H.2].
[^ 2] USC mother added by Immigration and Nationality Technical Corrections Act of 1994, Pub. L. 103-416 (PDF), 108 Stat. 4305 (October 5, 1994).
[^ 3] Includes periods spent abroad while employed by the U.S. government or an international organization as defined in 22 U.S.C. 288, or as a dependent, unmarried son or daughter, who is member of the household of such an employee.
[^ 4] See former Section 301(b) in the INA of 1952, Pub. L. 82-414 (PDF), 66 Stat. 163, 236 (June 27, 1952). The child’s residence must also start before the INA of 1952’s effective date, December 24, 1952.
[^ 5] Includes periods spent abroad while employed by the U.S. government or an international organization as defined in 22 U.S.C. 288, or as a dependent, unmarried son or daughter, who is member of the household of such an employee.
[^ 6] See former Section 301(b) in the INA of 1952, Pub. L. 82-414 (PDF), 66 Stat. 163, 236 (June 27, 1952). The child’s residence must also start before the INA of 1952’s effective date, December 24, 1952.
[^ 7] See Act of October 27, 1972, Pub. L. 92-584 (PDF), 86 Stat. 1289. The child’s residence must also start before the Act’s effective date, October 27, 1972.
[^ 8] Absence of less than 12 months in the aggregate during the 5-year period does not break continuity of residence or physical presence. Absence of less than 60 days in the 2-year period in the aggregate does not break continuity of physical presence. Honorable service in the U.S. armed forces counts as residence or physical presence.
Retention Requirements
- A child is relieved from the retention requirements if, prior to his or her 18th birthday, the child begins to reside permanently in the United States and the alien parent naturalizes.
- The Act of October 10, 1978, Pub. L. 95-423 (PDF), repealed retention requirements prospectively only. Anyone born on or after October 11, 1952 (not age 26 on October 10, 1978) was no longer subject to retention requirements. Since the amending legislation was prospective only, it did not restore citizenship to anyone who, prior to its enactment, had lost citizenship for failing to meet the retention requirements.
[^ 9] Includes periods spent abroad while employed by the U.S. government or an international organization as defined in 22 U.S.C. 288, or as a dependent, unmarried son or daughter, who is member of the household of such an employee.
[^ 10] Includes periods spent abroad while employed by the U.S. government or an international organization as defined in 22 U.S.C. 288, or as a dependent, unmarried son or daughter, who is member of the household of such an employee.
[^ 11] Includes periods spent abroad while employed by the U.S. government or an international organization as defined in 22 U.S.C. 288, or as a dependent, unmarried son or daughter, who is member of the household of such an employee.
[^ 12] See former Section 301(b) in the INA of 1952, Pub. L. 82-414 (PDF), 66 Stat. 163, 236 (June 27, 1952). The child’s residence must also start before the INA of 1952’s effective date, December 24, 1952.
Nationality Chart 2 (4 tables below)
Children[1] Born Outside the United States Out of Wedlock
|
PERIOD IN WHICH CHILD WAS BORN |
ELIGIBILITY REQUIREMENTS |
|---|---|
|
Prior To May 24, 1934 |
The mother resided in the United States at any time before the child’s birth.[2] |
|
On or After May 24, 1934
and Prior To Dec. 24, 1952 |
The mother resided in the United States or OLP at any time prior to the child’s birth. |
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On or After Dec. 24, 1952
and Prior To June 12, 2017 |
The mother maintained at least 1 year of continuous physical presence in the United States or OLP at any time prior to the child’s birth. |
|
On or After June 12, 2017[3] |
The mother was physically present in the United States or OLP for at least 5 years prior to the child’s birth (at least 2 years of which were after age 14). |
|
PERIOD IN WHICH CHILD WAS BORN |
ELIGIBILITY REQUIREMENTS |
|---|---|
|
Prior To May 24, 1934 |
|
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On or After May 24, 1934
and Prior To Jan. 13, 1941 |
See Nationality Chart 1 for retention requirements. |
|
On or After Jan. 13, 1941
and Prior To Dec. 24, 1952 |
See Nationality Chart 1 for special provisions and for retention requirements. |
|
On or After Dec. 24, 1952
and Prior To Nov. 14, 1986 |
See Nationality Chart 1 for special provisions. |
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DATE RELATIONSHIP ESTABLISHED |
ELIGIBILITY REQUIREMENTS |
|---|---|
|
On or After Nov. 14, 1986 |
*A child age 18 or over on Nov. 14, 1986 could use the old law.[7] A child at least age 15, but under 18, could use either law (date of birth on or after Nov. 15, 1968). |
|
PERIOD IN WHICH CHILD WAS BORN |
ELIGIBILITY REQUIREMENTS If both parents are U.S. citizens, the child may qualify under either parent. The child must meet the requirements for acquisition of citizenship under the mother OR the father; the child does not need to meet both requirements. |
|---|---|
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On or After Dec. 24, 1952
and Prior To Nov. 14, 1986 |
Citizenship through U.S. Citizen Mother
Citizenship through U.S. Citizen Father
|
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On or After Nov. 14, 1986
and Prior To June 12, 2017 |
Citizenship through U.S. Citizen Mother
Citizenship through U.S. Citizen Father
*A child age 18 or over on Nov. 14, 1986 could use the old law.[10] A child at least age 15, but under 18, could use either law (date of birth on or after Nov. 15, 1968). |
|
On or After June 12, 2017 |
Citizenship through U.S. Citizen Father
If the child does not meet these requirements, but one or both parents resided in the United States at any time prior to the child’s birth, the officer should consult the Office of Chief Counsel (OCC). |
Footnotes
[^ 1] A child must meet the definition of child under the Immigration and Nationality Act (INA). See Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 2, Definition of Child and Residence for Citizenship and Naturalization [12 USCIS-PM H.2].
[^ 2] See INA 301(h) (added to the INA by Section 101(a) of the Immigration and Nationality Technical Corrections Act of 1994 (INTCA), Pub. L. 103-416 (PDF), 108 Stat. 4305, 4306 (October 25, 1994)). Before INTCA, children born out of wedlock to a U.S. citizen mother and alien father before May 24, 1934 were aliens at birth but acquired citizenship on January 13, 1941, retroactive to the date of birth, if the mother resided in the United States or an outlying possession (OLP) at any time before the child’s birth and if the child was not legitimated by the alien father before January 13, 1941. See Section 205 of the Nationality Act of 1940, Pub. L. 76-583 (PDF), 54 Stat. 1137, 1139 (October 14, 1940).
[^ 3] See Sessions v. Morales-Santana (PDF), 137 S.Ct. 1678 (2017).
[^ 4] Includes periods spent abroad while employed by the U.S. government or an international organization as defined in 22 U.S.C. 288, or as the dependent unmarried son who resided as a member of the employee’s household during any relevant period(s) of absence from the United States.
[^ 5] In cases arising within the Ninth Circuit, the laws of the father’s residence and the laws of the child’s residence must be considered to determine whether legitimation occurred. See Burgess v. Meese, 802 F.2d 338 (9th Cir. 1986).
[^ 6] For additional information regarding a written statement of financial support, see Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 3, U.S. Citizens at Birth (INA 301 and 309), Section C, Child Born Out of Wedlock [12 USCIS-PM H.3(C)].
[^ 7] See Child Born Out Of Wedlock to U.S. Citizen Father and Alien Mother; Child Legitimated by Father (Table 2 of 4).
[^ 8] In cases arising within the Ninth Circuit, the laws of the father’s residence and the laws of the child’s residence must be considered to determine whether legitimation occurred. See Burgess v. Meese, 802 F.2d 338 (9th Cir. 1986).
[^ 9] For additional information regarding a written statement of financial support, see Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 3, U.S. Citizens at Birth (INA 301 and 309), Section C, Child Born Out of Wedlock [12 USCIS-PM H.3(C)].
[^ 10] See Child Born Out Of Wedlock to U.S. Citizen Father and Alien Mother; Child Legitimated by Father (Table 2 of 4).
[^ 11] For additional information regarding a written statement of financial support, see Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 3, U.S. Citizens at Birth (INA 301 and 309), Section C, Child Born Out of Wedlock [12 USCIS-PM H.3(C)].
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PERIOD IN WHICH LAST ACTION TOOK PLACE |
CHILD BECAME LPR BEFORE STATUTORY AGE OF |
NATURALIZATION OF PARENT(S) PRIOR TO CHILD’S STATUTORY AGE |
ADDITIONAL REMARKS |
|---|---|---|---|
|
Prior To May 24, 1934 |
21 years old |
At least one parent naturalized |
None |
|
On or After May 24, 1934
and Prior To Jan. 13, 1941 |
21 years old |
At least one parent naturalized |
U.S. citizenship effective 5 years from date child becomes an LPR[2] |
|
21 years old |
Both parents[3] naturalized |
None |
|
|
On or After Jan. 13, 1941
and Prior To Dec. 24, 1952 |
18 years old |
Both parents[4] naturalized |
Child born out of wedlock derived on Dec. 24, 1952 if under age 16 and had remained an LPR[5] |
|
On or After Dec. 24, 1952
and Prior To Oct. 5, 1978 |
18 years old |
Both parents[6] naturalized |
Child unmarried (does not include adopted children, but adopted children may derive through the naturalization of their biological parent(s) after adoption if all other requirements are met)[7] |
|
On or After Oct. 5, 1978
and Prior To Feb. 27, 2001 |
18 years old |
Both parents[8] naturalized |
Child unmarried (includes child adopted before age 16 who is residing with adoptive parent(s) at the time of their naturalization)[9] |
|
On or After Feb. 27, 2001 |
18 years old |
At least one parent is a U.S. citizen by birth or naturalization |
Child resides in the United States in legal and physical custody of U.S. citizen parent (includes adopted child of U.S. citizen; must meet INA 101(b)(1) requirements for adopted children) |
Footnotes
[^ 1] A child must meet the definition of child under the Immigration and Nationality Act (INA). See Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 2, Definition of Child and Residence for Citizenship and Naturalization [12 USCIS-PM H.2]. A child not legitimated by the father may only derive from the mother. In cases with two U.S. citizen parents where the child is born out of wedlock on or after June 12, 2017, the Office of Chief Counsel (OCC) advises that officers first determine whether the child acquired citizenship through the U.S. citizen father under INA 309(a), as that standard is unaffected by Morales-Santana. If the child did not acquire citizenship through the U.S. citizen father, OCC would like to review the case because it is still considering, in consultation with the Department of State (DOS) and Department of Justice (DOJ), the standard under which a U.S. citizen mother can pass citizenship to a child born out of wedlock to two U.S. citizen parents.
[^ 2] Child relieved of the remainder of the 5-year waiting period if the naturalized parent meets definition of “both parents.”
[^ 3] The definition of “both parents” includes:
- The surviving parent should the other parent die;
- The naturalized parent having legal custody in the case of a divorce; or
- The mother of a child born out of wedlock.
[^ 4] The definition of “both parents” as found in Section 313-14 of the Nationality Act of 1940, Pub. L. 76-853, 54 Stat. 1145-46 (October 14, 1940) includes:
- The surviving parent should the other parent die;
- The naturalized parent having legal custody in the case of a divorce or a legal separation; or
- The alien parent who naturalizes when the other parent is already a U.S. citizen since the child’s birth.
[^ 5] Once the child was legitimated under the age of 16, both parents were required to naturalize.
[^ 6] The definition of “both parents” as found in former INA 321 and former INA 320, Pub. L 82-414 (PDF), 66 Stat. 163, 245 (June 27, 1952) includes:
- The surviving parent should the other parent die;
- The naturalized parent having legal custody in the case of a divorce or a legal separation;
- The mother of a child born out of wedlock, as long as the child had not been legitimated (if a child was properly legitimated under the age of 16, the law required both parents to naturalize); or
- The alien parent who naturalizes when the other parent is already a U.S. citizen since the child’s birth.
[^ 7] In the Second Circuit (New York, Connecticut, and Vermont), the child is not required to become an LPR before the age of 18, provided that the child begins to reside permanently in the United States while under the age of 18. A child begins to reside permanently in the United States when the child is physically in the United States, intends to reside in the United States permanently, and has taken some official action to accomplish that, such as applying for lawful permanent residence. For additional information, officers should contact their local OCC counsel.
[^ 8] The definition of “both parents” as found in former INA 321, Pub. L 82-414 (PDF), 66 Stat. 163, 245 (June 27, 1952) includes:
- The surviving parent should the other parent die;
- The naturalized parent having legal custody in the case of a divorce or a legal separation; or
- The mother of a child born out of wedlock, as long as the child had not been legitimated (if a child was properly legitimated under the age of 16, the law required both parents to naturalize).
The definition of “both parents” as found in former INA 320, Pub. L 82-414 (PDF), 66 Stat. 163, 245 (June 27, 1952) includes:
- The alien parent who naturalizes when the other parent is already a U.S. citizen since the child’s birth.
- In the case of a child with one adoptive parent and one natural parent, the adoptive parent must naturalize. He or she may not be a native-born U.S. citizen.
[^ 9] An adopted child must be residing in the United States, with lawful admission, in the custody of the adoptive parent(s) at the time of the parent’s naturalization, meet all the requirements for adopted children in INA 101(b)(1), and be adopted by a certain age depending on the period of last action:
- On or after October 5, 1978 and prior to November 29, 1981, adoption before age 16.
- On or after November 29, 1981 and prior to February 27, 2001, adoption before age 18.
|
GENERAL REQUIREMENTS |
PHYSICAL PRESENCE OF PARENT OR GRANDPARENT |
|---|---|
Children of Military Members For children of military members authorized to accompany the member abroad and residing with the military member parent:
U.S. Citizen Grandparent or Legal Guardian Filing on Behalf of Child If the USC parent has died, the child’s USC grandparent or USC legal guardian may file on the child’s behalf within 5 years of the USC parent’s death. |
U.S. Citizen Parent USC parent was physically present in the United States or its outlying possessions for at least 5 years (at least 2 years of which were after age 14) OR U.S. Citizen Grandparent If the USC parent has died, the USC parent must have met the physical presence requirement stated above at time of death. If the child’s USC parent does not meet the requirement, the child may rely on the physical presence of the child’s USC grandparent (at least 5 years, at least 2 years of which were after age 14), provided the grandparent meets the requirement as of the USC parent’s time of death. |
Footnotes
[^ 1] Since the enactment of the Immigration and Nationality Act (INA) of 1952, Pub. L. 82-414 (PDF) (June 27, 1952), Congress has provided for the naturalization of a child under age 18 upon petition by the U.S. citizen parent. See INA 322. The requirements varied with different amendments, but naturalization under this provision always required an application or petition by the parent; citizenship was not automatic.
[^ 2] See Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 2, Definition of Child and Residence for Citizenship and Naturalization [12 USCIS-PM H.2]. See INA 101(c)(1).
[^ 3] See Volume 12, Citizenship and Naturalization, Part J, Oath of Allegiance [12 USCIS-PM J].
[^ 4] See INA 322(d).
Updates
This technical update to Volume 12 incorporates a clarification to Nationality Chart 2 to align with the provisions of the Immigration and Nationality Technical Corrections Act of 1994 (INTCA), which affected acquisition of citizenship for children born before May 24, 1934. Specifically, this technical update clarifies that an alien child born out of wedlock before May 24, 1934 acquires citizenship retroactively to the time of birth in cases where the child’s mother resided in the United States at any time before the child’s birth, regardless of whether the child was legitimated by the alien father.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to reflect changes made in the new version of the Medical Certification for Disability Exception (Form N-648).
This technical update incorporates into Volume 12 the policy guidance that U.S. Citizenship and Immigration Services (USCIS) announced November 13, 2020, addressing the educational requirements for naturalization on the knowledge and understanding of the fundamentals of the history, and of the principles and form of government, of the United States (civics) under section 312 of the Immigration and Nationality Act. This guidance became effective December 1, 2020.
U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to ensure consistency in the naturalization decision-making process and to clarify circumstances under which an applicant may be found ineligible for naturalization if the applicant was not lawfully admitted to the United States for permanent residence in accordance with all applicable provisions under the Immigration and Nationality Act (INA).
U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding the educational requirements for naturalization on the knowledge and understanding of the fundamentals of the history, and of the principles and form of government, of the United States (civics) under section 312 of the Immigration and Nationality Act. This guidance becomes effective December 1, 2020.
U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding residency requirements under Section 320 of the Immigration and Nationality Act (INA), as amended by the Citizenship for Children of Military Members and Civil Servants Act.
This technical update clarifies the examples provided to illustrate the impact of absences from the United States for purposes of the continuous residence requirement for naturalization, including the hypothetical dates used in the examples.
This technical update incorporates references to Braille-related accommodations for the naturalization test.
U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk (PDF) between the AFM and the Policy Manual.
1 USCIS-PM - Volume 1 - General Policies and Procedures
2 USCIS-PM - Volume 2 - Nonimmigrants
6 USCIS-PM - Volume 6 - Immigrants
12 USCIS-PM - Volume 12 - Citizenship and Naturalization
8 USCIS-PM - Volume 8 - Admissibility
3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole
4 USCIS-PM - Volume 4 - Refugees and Asylees
5 USCIS-PM - Volume 5 - Adoptions
7 USCIS-PM - Volume 7 - Adjustment of Status
This technical update replaces instances of the term “entrepreneur” with “investor” throughout the Policy Manual in accordance with the EB-5 Immigrant Investor Program Final Rule.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address naturalization applicants’ absences from the United States of more than 6 months but less than 1 year during the statutorily required continuous residence period.
This update incorporates into Volumes 2, 8, and 12 policy guidance that U.S. Citizenship and Immigration Services (USCIS) announced February 5, 2020, implementing the Inadmissibility of Public Charge Grounds Final Rule. This guidance is in effect as of February 24, 2020 and applies nationwide to all applications and petitions postmarked on or after that date. Certain classes of aliens are exempt from the public charge ground of inadmissibility (such as refugees, asylees, certain VAWA self-petitioners, U petitioners, and T applicants) and therefore, are not subject to the Final Rule. For more information about the classes of aliens who are exempt from the Final Rule, see the appendices related to applicability. For information on related litigation affecting implementation, see our page on the injunction.
U.S. Citizenship and Immigration Services (USCIS) is issuing guidance in the USCIS Policy Manual to address the final rule on the public charge ground of inadmissibility. This policy guidance is effective on February 24, 2020, and will apply to all applicants and petitioners filing applications and petitions for adjustment of status, extension of stay, and change of status, except for applicants and petitioners in the State of Illinois, whose cases will be adjudicated under prior policy, including the 1999 Interim Field Guidance (PDF) and AFM Ch. 61.1. For additional information, see Public Charge Inadmissibility Determinations in Illinois. Certain classes of aliens are exempt from the public charge ground of inadmissibility (such as refugees, asylees, certain VAWA self-petitioners, U petitioners, and T applicants) and therefore, are not subject to the Inadmissibility on Public Charge Grounds final rule. For more information about the classes of aliens who are exempt from the final rule, see the appendices related to applicability.
U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to clarify that the spouse of a U.S. citizen who was subjected to battery or extreme cruelty by his or her U.S. citizen spouse does not need to establish that he or she is still married to the abusive spouse at the time he or she files the application for naturalization.
U.S. Citizenship and Immigration Services (USCIS) is clarifying guidance in the USCIS Policy Manual to indicate that the spouse, child, or parent of a deceased U.S. citizen member of the U.S. armed forces who died “during a period of honorable service” (instead of as the result of honorable service) may be eligible for naturalization as the surviving relative of the service member, consistent with the statutory language in INA 319(d).
U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual on unlawful acts during the applicable statutory period that reflect adversely on moral character and may prevent an applicant from meeting the good moral character requirement for naturalization.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual regarding how post-sentencing changes to criminal sentences impact convictions for immigration purposes and how two or more driving under the influence convictions affects good moral character determinations. These updates incorporate two recent decisions issued by the Attorney General.
This technical update incorporates into Volume 12 the policy guidance that U.S. Citizenship and Immigration Services (USCIS) announced August 28, 2019 addressing requirements for “residence” in statutory provisions related to citizenship. This guidance became effective October 29, 2019.
This technical update replaces all instances of the term “foreign national” with “alien” throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].
1 USCIS-PM - Volume 1 - General Policies and Procedures
2 USCIS-PM - Volume 2 - Nonimmigrants
6 USCIS-PM - Volume 6 - Immigrants
7 USCIS-PM - Volume 7 - Adjustment of Status
8 USCIS-PM - Volume 8 - Admissibility
9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief
10 USCIS-PM - Volume 10 - Employment Authorization
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address requirements for “residence” in statutory provisions related to citizenship, and to rescind previous guidance regarding children of U.S. government employees and members of the U.S. armed forces employed or stationed outside the United States. This guidance becomes effective October 29, 2019.
This technical update incorporates minor clarifying editorial changes to the policy guidance regarding the Medical Certification for Disability Exceptions (Form N-648).
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify that violation of federal controlled substance law, including for marijuana, remains a conditional bar to establishing good moral character (GMC) for naturalization even where that conduct would not be an offense under state law.
This technical update incorporates into Volume 12 the policy guidance that U.S. Citizenship and Immigration Services (USCIS) announced December 12, 2018 regarding the Medical Certification for Disability Exceptions (Form N-648). This guidance became effective February 12, 2019.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to update and clarify filing procedures and adjudications on the Medical Certification for Disability Exceptions (Form N-648). This guidance becomes effective February 12, 2019.
U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to clarify the marriage and living in marital union requirements under section 319(a) of the Immigration and Nationality Act (INA).
This technical update provides clarification on the medical professionals (medical doctors, doctors of osteopathy, and clinical psychologists) authorized to complete a written evaluation of medical condition in connection with an oath waiver request.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance to amend the USCIS Policy Manual to clarify certain special naturalization provisions for children.
This technical update clarifies that a person who is born a U.S. national and is the child of a U.S. citizen may acquire citizenship and may obtain a Certificate of Citizenship without having to establish lawful permanent resident status.
U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance to clarify certain requirements for U.S. citizenship for children born outside the United States and out of wedlock under INA 301 and 309. USCIS is making conforming edits to the USCIS nationality charts.
This technical update clarifies that the Secretary of Homeland Security has, through the Director of USCIS, delegated the authority to administer the Oath during an administrative naturalization ceremony to certain USCIS officials who can successively re-delegate the authority within their chains of command.
This technical update clarifies that foreign nationals may apply for military naturalization after the certification of honorable service has been properly processed by the U.S. armed forces.
U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to specify that every naturalization applicant must provide biometrics regardless of age, unless the applicant qualifies for a fingerprint waiver due to certain medical conditions.
U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance on USCIS administrative naturalization ceremonies, to include guidance regarding participation from other U.S. government and non-governmental entities.
This technical update clarifies that, for purposes of Form N-648, Medical Certification for Disability Exceptions, USCIS accepts the relevant medical codes recognized by the Department of Health and Human Services. This includes codes found in the Diagnostic and Statistical Manual of Mental Disorders and the International Classification of Diseases.
This technical update clarifies that naturalization applicants are not required to intend to reside permanently in the United States after becoming U.S. citizens. This update is in accordance with current statutes; prior to 1994, a person who became a naturalized U.S. citizen was expected to hold the intention of residing permanently in the United States. See Section 104 of the Immigration and Nationality Technical Corrections Act of 1994, Pub. L. 103-416 (October 25, 1994).
This technical update clarifies that, for purposes of naturalization under INA 329, the current period designated by Presidential Executive Order 13269 (July 3, 2002), as a period in which the U.S. armed forces are considered to be engaged in armed conflict with a hostile foreign force, is still in effect. In addition, this update adds information about the USCIS Military Help Line in this part.
This technical update clarifies that, in general, Department of Defense (DOD) Military Accessions Vital to National Interest (MAVNI) enlistees may file an application for naturalization during basic training in the U.S. armed forces.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance to provide information about the existing Department of Defense (DOD) Military Accessions Vital to National Interest (MAVNI) Program.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance regarding the date of legal permanent residence (LPR) for naturalization and citizenship purposes.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance to clarify the eligibility requirements for modifications to the Oath of Renunciation and Allegiance for naturalization.
This technical update clarifies that along with reviewing for absences of more than 6 months, officers review whether an applicant for naturalization with multiple absences of less than 6 months is able establish the required residence and physical presence for naturalization.
This technical update clarifies that the child of a U.S. government employee temporarily stationed abroad is considered to be residing in the United States for purposes of acquisition of citizenship under INA 320.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance relating to the use of Assisted Reproductive Technology (ART).
12 USCIS-PM H - Part H - Children of U.S. Citizens
12 USCIS-PM H.2 - Chapter 2 - Definition of Child and Residence for Citizenship and Naturalization
12 USCIS-PM H.3 - Chapter 3 - U.S. Citizens at Birth (INA 301 and 309)
12 USCIS-PM H.4 - Chapter 4 - Automatic Acquisition of Citizenship after Birth (INA 320)
12 USCIS-PM H.5 - Chapter 5 - Child Residing Outside of the United States (INA 322)
This technical update clarifies that Peace Corps personal service contractors are considered U.S. Government employees under certain circumstances for purposes of preserving their residence for naturalization while working abroad.
This technical update clarifies who may be considered to be a missionary of a religious group for purposes of preserving residence and physical presence for naturalization while working abroad.
This technical update addresses the Supreme Court ruling holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance relating to changes of dates of birth and names per court orders.
This technical update adds language addressing existing policy on circumstances where an applicant is required to provide a certified court disposition.
This technical update adds the Commonwealth of the Northern Mariana Islands to list of certain territories of the United States where, subject to certain requirements, persons may be U.S. citizens at birth.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address amendments to section 1059(e) of the National Defense Authorization Act of 2006 by Public Law 112-227.
USCIS is issuing updated and comprehensive citizenship and naturalization policy guidance in the new USCIS Policy Manual.