Volume 12 - Citizenship and Naturalization

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)(1) - Definition of child

INA 101(c) - Definition of child for citizenship and naturalization

INA 101(f) - Definition of good moral character

INA 103, 8 CFR 103 - Powers and duties of the Secretary, the Under Secretary, and the Attorney General

INA 216, 8 CFR 216 - Conditional permanent resident status for certain alien spouses and sons and daughters

INA 245, 8 CFR 245 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence

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 312, 8 CFR 312 - Educational requirements for naturalization

INA 313, 8 CFR 313 - Prohibition upon the naturalization of persons opposed to government or law, or who favor totalitarian forms of government

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, 8 CFR 316 - General requirements for naturalization

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 319, 8 CFR 319 - Spouses of U.S. citizens

INA 320, 8 CFR 320 - Children residing permanently in the United States

INA 322, 8 CFR 322 - Children residing outside the United States

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 328, 8 CFR 328 - Naturalization through peacetime military service for one year

INA 329(c) - Revocation of naturalization

INA 329, 8 CFR 329 - Naturalization through military service during hostilities

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 332, 8 CFR 332 - Naturalization administration, executive functions

INA 334(a), 8 CFR 334.2(b) - 90-day early filing provision

INA 334, 8 CFR 334 - Application for naturalization; declaration of intention

INA 335, 8 CFR 335 - Investigation of applicants, examination of applications

INA 336, 8 CFR 336 - Hearings on denials of applications for naturalization

INA 337, 8 CFR 337 - Oath of renunciation and allegiance

INA 338, 8 CFR 338 - Contents and issuance of certificate of naturalization

INA 340 - Revocation of naturalization

INA 340(f), 8 CFR 340 - Cancellation of certificate after revocation of naturalization

INA 341, 8 CFR 341 - Certificates of citizenship

INA 342, 8 CFR 342 - Administrative cancellation of certificates, documents, or records

Pub. L. 104-208 (PDF) - Illegal Immigration Reform and Immigrant Responsibility Act of 1996

Pub. L. 106-448 (PDF) - Waiver of Oath of Renunciation and Allegiance for Naturalization of Aliens having Certain Disabilities Act of 2000

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

Pub. L. 93-112 (PDF) - Section 504 of the Rehabilitation Act of 1973 - Nondiscrimination under federal grants

Other Materials

Appendices

Appendix: History of Acquiring Citizenship under INA 320 for Children of U.S. Citizens who are Members of the U.S. Armed Forces, U.S. Government Employees, or their Spouses

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).

Appendix: Legislation Assisting Military Members and their Families Obtain Immigration Benefits

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.

Act of May 9, 1918 (40 Stat. 512)

Modifications of 1918 Act [2]

Second War Powers Act of March 27, 1942 (amending Nationality Act of 1940)

Legislation of December 7, 1942 (amending Nationality Act of 1940)

Act of June 1, 1948; Immigration and Nationality Act

Lodge Act, June 30, 1950 (64 Stat. 316)

Korean Hostilities; Act of June 30, 1953 (Pub. L. 86)

Vietnam Hostilities Act of October 24, 1968 (82 Stat. 1343)

Grenada 15 Executive Order 12582 (February 2, 1987) [3]

Naturalization of Natives of the Philippines (WWII Service), Sec. 405 of Pub. L. 101-649

Hmong Veterans’ Naturalization Act of 2000

National Defense Authorization Act for Fiscal Year 2004 (Pub. L. 108-136)

National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181)

Kendell Frederick Citizenship Assistance Act (KFCAA) (Pub. L. 110-251)

Military Personnel Citizenship Processing Act (MPCPA) (Pub. L. 110-382)

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.

Appendix: Nationality Chart 1 - Children Born Outside the United States in Wedlock

Nationality Chart 1

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 BEFORE CHILD’S BIRTH

STEP 3: Did U.S. citizen (USC) parent meet residence or physical presence requirement before child's 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)

Before

May 24, 1934

On or After

May 24, 1934

and Before

Jan. 13, 1941

5 years residence [3] in the United States or Outlying Possession (OLP) between ages 13 and 21 (must start before age 16) [4]

5 years continuous physical presence in the United States between ages 14 and 28 (must start before age 23)

2 years continuous physical presence in the United States between ages 14 and 28 (must start before age 26)

Exempt, if at time of child’s birth, USC parent was employed by U.S. government or specified organization

Exempt, if the noncitizen parent naturalized while the child was under the age of 18 and the child began to reside permanently in the United States while under the age of 18 [5]

On or After

Jan. 13, 1941

and Before

Dec. 24, 1952

One USC parent and one noncitizen 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 [6]

5 years residence in the United States or OLP between ages 13 and 21 (must start before age 16) [7]

5 years continuous physical presence in the United States between ages 14 and 28 (must start before age 23) [8]

2 years continuous physical presence in the United States between ages 14 and 28 (must start before age 26)

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) [9]

Exempt, if the noncitizen parent naturalized while the child was under the age of 18 and the child began to reside permanently in the United States while under the age of 18 [10]

On or After

Dec. 24, 1952

​and Before

Nov. 14, 1986

On or After

Nov. 14, 1986

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] See An Act to Amend Section 301 of the Immigration and Nationality Act, Pub. L. 92-584 (PDF) (October 27, 1972).

[^ 6] 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.

[^ 7] 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.

[^ 8] 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.

[^ 9] 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.

[^ 10] See An Act to Amend Section 301 of the Immigration and Nationality Act, Pub. L. 92-584 (PDF) (October 27, 1972).

[^ 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] 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. When calculating physical presence, the officer must include the U.S. citizen parent’s physical presence in the United States or its outlying possessions before the child’s birth regardless of the parent’s citizenship status at the time of the physical presence.

[^ 13] 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. When calculating physical presence, the officer must include the U.S. citizen parent’s physical presence before the child’s birth in the United States or its outlying possessions regardless of the parent’s citizenship status at the time of the physical presence.

Appendix: Nationality Chart 2 - Children Born Outside the United States Out of Wedlock

Nationality Chart 2 (4 tables below)

Children [1] Born Outside the United States Out of Wedlock

Before

May 24, 1934

On or After

May 24, 1934

and Before

Dec. 24, 1952

On or After

Dec. 24, 1952

and Before

Nov. 14, 1986

On or After

Nov. 14, 1986

and Before

June 12, 2017

On or After

Child Born Out of Wedlock to U.S. Citizen Father and Noncitizen Mother

Child Legitimated by Father (Table 2 of 4) PERIOD IN WHICH CHILD WAS BORNELIGIBILITY REQUIREMENTS

Before

May 24, 1934

On or After

May 24, 1934

and Before

Jan. 13, 1941

See Nationality Chart 1 for retention requirements.

On or After

Jan. 13, 1941

and Before

Dec. 24, 1952

See Nationality Chart 1 for special provisions and for retention requirements. Legitimation requirement does not apply to a child who derived citizenship under the special provision for parents with honorable service in the U.S. armed forces. [5]

On or After

Dec. 24, 1952

and Before

Nov. 14, 1986

See Nationality Chart 1 for special provisions.

Child Born Out of Wedlock to U.S. Citizen Father and Noncitizen Mother

Child Legitimated or Acknowledged by Father (Table 3 of 4) DATE RELATIONSHIP ESTABLISHEDELIGIBILITY REQUIREMENTS

On or After

Nov. 14, 1986

*A child age 18 or over on Nov. 14, 1986 could use the old law. [8] A child at least age 15, but under 18, could use either law (date of birth on or after Nov. 15, 1968).

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.

On or After

Dec. 24, 1952

and Before

Nov. 14, 1986

Citizenship through U.S. Citizen Mother

Citizenship through U.S. Citizen Father

On or After

Nov. 14, 1986

and Before

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. [11] 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 Mother

Citizenship through U.S. Citizen Father

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 noncitizen father before May 24, 1934 were noncitizens 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 noncitizen father before January 13, 1941. See Section 205 of the Nationality Act of 1940, Pub. L. 76-853 (PDF), 54 Stat. 1137, 1139 (October 14, 1940).

[^ 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] See Y.T. v. Bell, 478 F. Supp. 828 (W.D. Pa. 1979). See C.M.K. v. Richardson, 371 F. Supp. 183 (E.D. Mich. 1974).

[^ 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] An adult N-600 applicant is not required to still be unmarried. The applicant must have been unmarried at the time of legitimation, acknowledgement, or when their paternity was established by adjudication of a competent court. If the applicant was unmarried at that time but married before any of the other INA 309(a) requirements were met, officers should consult the Office of the Chief Counsel (OCC).

[^ 8] See Child Born Out of Wedlock to U.S. Citizen Father and Noncitizen Mother; Child Legitimated by Father (Table 2 of 4).

[^ 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] An adult N-600 applicant is not required to still be unmarried. The applicant must have been unmarried at the time of legitimation, acknowledgement, or when their paternity was established by adjudication of a competent court. If the applicant was unmarried at that time but married before any of the other INA 309(a) requirements were met, officers should consult the Office of the Chief Counsel (OCC).

[^ 11] See Child Born Out of Wedlock to U.S. Citizen Father and Noncitizen Mother; Child Legitimated by Father (Table 2 of 4).

[^ 12] 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)].

[^ 13] An adult N-600 applicant is not required to still be unmarried. The applicant must have been unmarried at the time of legitimation, acknowledgement, or when their paternity was established by adjudication of a competent court. If the applicant was unmarried at that time but married before any of the other INA 309(a) requirements were met, officers should consult the Office of the Chief Counsel (OCC).

Appendix: Nationality Chart 3 - Derivative Citizenship of Children

Nationality Chart 3

Derivative Citizenship of Children [1]

A child may derive U.S. citizenship during the below listed historical periods if such child was under the statutory age, AND the child became a lawful permanent resident (LPR), AND the parent(s) naturalized. It does not matter in which order the actions occurred. PERIOD IN WHICH LAST ACTION TOOK PLACECHILD BECAME LPR BEFORE STATUTORY AGE OFNATURALIZATION OF PARENT(S) BEFORE CHILD’S STATUTORY AGEADDITIONAL REMARKS

Before

May 24, 1934

At least one parent naturalized

On or After

May 24, 1934

and Before

Jan. 13, 1941

At least one parent naturalized

Both parents [3] naturalized

On or After

Jan. 13, 1941

and Before

Dec. 24, 1952

Both parents [4] naturalized

On or After

Dec. 24, 1952

and Before

Oct. 5, 1978

Both parents [7] naturalized

On or After

Oct. 5, 1978

and Before

Feb. 27, 2001

Both parents [10] naturalized

On or After

Feb. 27, 2001

At least one parent is a U.S. citizen by birth or naturalization

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 born out of wedlock must be legitimated to derive U.S. citizenship from his or her father.

[^ 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:

[^ 4] The definition of “both parents” as found in Section 313-14 of the Nationality Act of 1940, Pub. L. 76-853 (PDF), 54 Stat. 1145-46 (October 14, 1940) includes:

[^ 5] Once the child was legitimated under the age of 16, both parents were required to naturalize.

[^ 6] In the Second Circuit (New York, Connecticut, and Vermont), and the Ninth Circuit (Alaska, Arizona, California, Idaho, Montana, Nevada, Oregon, Washington, Guam, Hawaii, and Northern Mariana Islands), USCIS does not require that the child become an LPR before the age of 18, provided that the child shows some “objective official manifestation of permanent residence” in the United States while under age 18. See Cheneau v. Garland (PDF), 997 F.3d 916 (9th Cir. 2021). See Nwozuzu v. Holder, 726 F.3d 323 (2nd Cir. 2013). The courts have not defined “objective official manifestation of permanent residence,” but it includes situations where a child is physically residing 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 with USCIS). For questions about which other circumstances may qualify as an “objective official manifestation of permanent residence,” officers should contact the Office of the Chief Counsel (OCC).

[^ 7] 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:

[^ 8] Adopted children may still derive from their biological parents if all other requirements are met, provided that the child’s adoption did not terminate the parental relationship with the naturalized parent or parents. For example, a child who was born out of wedlock to noncitizen parents may still derive citizenship from the mother in cases where:

This is because the adoption did not alter the child’s legal relationship with the mother.

[^ 9] In the Second Circuit (New York, Connecticut, and Vermont), and the Ninth Circuit (Alaska, Arizona, California, Idaho, Montana, Nevada, Oregon, Washington, Guam, Hawaii, and Northern Mariana Islands), USCIS does not require that the child become an LPR before the age of 18, provided that the child shows some “objective official manifestation of permanent residence” in the United States while under age 18. See Cheneau v. Garland (PDF), 997 F.3d 916 (9th Cir. 2021). See Nwozuzu v. Holder, 726 F.3d 323 (2nd Cir. 2013). The courts have not defined “objective official manifestation of permanent residence,” but it includes situations where a child is physically residing 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 with USCIS). For questions about which other circumstances may qualify as an “objective official manifestation of permanent residence,” officers should contact the Office of the Chief Counsel (OCC).

[^ 10] 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 definition of “both parents” as found in former INA 320, Pub. L 82-414 (PDF), 66 Stat. 163, 245 (June 27, 1952) includes:

[^ 11] 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. For more information, see Volume 5, Adoptions, Part F, Citizenship for Adopted Children, Appendix: How Previous Citizenship Provisions Apply to Adopted Children [5 USCIS-PM F, Appendices Tab].

[^ 12] On or after March 26, 2020, a child who is residing outside the United States may be considered to be residing in the United States in the legal and physical custody of the U.S. citizen parent if all of the following requirements are met: