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8 U.S.C. § 1433

Children born and residing outside the United States; conditions for acquiring certificate of citizenship

United States · Title 8 — ALIENS AND NATIONALITY · Status: effective

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8 U.S.C. § 1433, Children born and residing outside the United States; conditions for acquiring certificate of citizenship, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/431970
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Full text

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: The United States citizen parent— Upon approval of the application (which may be filed from abroad) and, except as provided in the last sentence of section 1448(a) of this title, upon taking and subscribing before an officer of the Service within the United States to the oath of allegiance required by this chapter 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. 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 1101(b)(1) of this title. In the case of a child of a member of the Armed Forces of the United States who is authorized to accompany such member and reside abroad with the member pursuant to the member’s official orders, and is so accompanying and residing with the member—

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone. The law that originally enacted this section predates the public laws loaded here, so only later amendments are listed.

  • Amended byPub. L. 95-417(H.R. 12508)1978-10-05
    A bill to amend the Immigration and Nationality Act to facilitate the admission into the United States of more than two adopted children, and to provide for the expeditious naturalization of adopted children.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 97-116(H.R. 4327)1981-12-29
    Immigration and Nationality Act Amendments of 1981
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 99-653(H.R. 4444)1986-11-14
    Immigration and Nationality Act Amendments of 1986
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 100-525(S. 2479)1988-10-24
    Immigration Technical Corrections Act of 1988
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 101-649(S. 358)1990-11-29
    Immigration Act of 1990
  • Amended byPub. L. 102-232(H.R. 3049)1991-12-12
    Miscellaneous and Technical Immigration and Naturalization Amendments of 1991
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 103-416(H.R. 783)1994-10-25
    Immigration and Nationality Technical Corrections Act of 1994
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 106-139(H.R. 2886)1999-12-07
    To amend the Immigration and Nationality Act to provide that an adopted alien who is less than 18 years of age may be considered a child under such Act if adopted with or after a sibling who is a child under such Act.
    House: 404–0Senate: no recorded tally
  • Amended byPub. L. 106-395(H.R. 2883)2000-10-30
    Child Citizenship Act of 2000
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 107-273(H.R. 2215)2002-11-02
    21st Century Department of Justice Appropriations Authorization Act
    House: 400–4Senate: no recorded tally
  • Amended byPub. L. 110-181(H.R. 4986)2008-01-28
    National Defense Authorization Act for Fiscal Year 2008