8 U.S.C. § 1431
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:
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 1101(b)(1) of this title.
Subsection (a)(3) is deemed satisfied in the case of a child who is lawfully admitted for permanent residence in the United States if-
A Certificate of Citizenship or other Federal document issued or requested to be amended under this section shall reflect the child's name and date of birth as indicated on a State court order, birth certificate, certificate of foreign birth, certificate of birth abroad, or similar State vital records document issued by the child's State of residence in the United States after the child has been adopted or readopted in that State.
8 U.S.C. § 1431
EDITORIAL NOTES
AMENDMENTS2020- Pub. L. 116-133, §2(a)(1), substituted "Children born outside the united states and lawfully admitted for permanent residence; conditions under which citizenship automatically acquired" for "Children born outside the United States and residing permanently in the United States; conditions under which citizenship automatically acquired; determinations of name and birth date" in section catchline.Subsecs. (c), (d). Pub. L. 116-133, §2(a)(2), (3), added subsec. (c) and redesignated former subsec. (c) as (d). 2014-Subsec. (c). Pub. L. 113-74 added subsec. (c).2000- Pub. L. 106-395 amended section catchline and text generally. Prior to amendment, text read as follows:"(a) A child born outside of the United States, one of whose parents at the time of the child's birth was an alien and the other of whose parents then was and never thereafter ceased to be a citizen of the United States, shall, if such alien parent is naturalized, become a citizen of the United States, when-"(1) such naturalization takes place while such child is unmarried and under the age of eighteen years; and"(2) such child is residing in the United States pursuant to a lawful admission for permanent residence at the time of naturalization or thereafter and begins to reside permanently in the United States while under the age of eighteen years."(b) Subsection (a) of this section shall apply to an adopted child only if the child is residing in the United States at the time of naturalization of such adoptive parent, in the custody of his adoptive parents, pursuant to a lawful admission for permanent residence."1988-Subsec. (a)(1). Pub. L. 100-525, §8(l), repealed Pub. L. 99-653, §14. See 1986 Amendment note below.Subsec. (b). Pub. L. 100-525, §9(w), substituted "Subsection (a)" for "Subsection (a)(1)". 1986-Subsec. (a)(1). Pub. L. 99-653, §14, which inserted "unmarried and" after "such child is", was repealed by Pub. L. 100-525, §8(l).1981-Subsec. (b). Pub. L. 97-116 substituted "an adopted child only if the child" for "a child adopted while under the age of sixteen years who". 1978-Subsec. (a). Pub. L. 95-417 substituted in pars. (1) and (2) "eighteen years" for "sixteen years".Subsec. (b). Pub. L. 95-417 substituted provisions making subsec. (a)(1) of this section applicable to adopted children for provisions making subsec. (a) of this section inapplicable to adopted children.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106-395, title I, §104, Oct. 30, 2000, 114 Stat. 1633, provided that: "The amendments made by this title [amending this section and section 1433 of this title and repealing section 1432 of this title] shall take effect 120 days after the date of the enactment of this Act [Oct. 30, 2000] and shall apply to individuals who satisfy the requirements of section 320 or 322 of the Immigration and Nationality Act [ 8 U.S.C. 1431, 1433 ], as in effect on such effective date."
EFFECTIVE DATE OF 1988 AMENDMENT Amendment by section 8(l) of Pub. L. 100-525 effective as if included in the enactment of the Immigration and Nationality Act Amendments of 1986, Pub. L. 99-653, see section 309(b)(15) of Pub. L. 102-232 set out as an Effective and Termination Dates of 1988 Amendments note under section 1101 of this title.
EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section 21(a) of Pub. L. 97-116 set out as a note under section 1101 of this title.
- State
- The term "State" includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.
- alien
- The term "alien" means any person not a citizen or national of the United States.
- lawfully admitted for permanent residence
- The term "lawfully admitted for permanent residence" means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed.
- naturalization
- The term "naturalization" means the conferring of nationality of a state upon a person after birth, by any means whatsoever.
- permanent
- The term "permanent" means a relationship of continuing or lasting nature, as distinguished from temporary, but a relationship may be permanent even though it is one that may be dissolved eventually at the instance either of the United States or of the individual, in accordance with law.
- residence
- The term "residence" means the place of general abode; the place of general abode of a person means his principal, actual dwelling place in fact, without regard to intent.
- admission
- The terms "admission" and "admitted" mean, with respect to an alien, the lawful entry of the alien into the United States after inspection and authorization by an immigration officer.