Part H - Children of U.S. Citizens

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Part H - Children of U.S. Citizens | USCIS

Policy Manual

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INA

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Part H - Children of U.S. Citizens

Resources

Legal Authorities

INA 101(b)(1) - Definition of child

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

INA 301 - Nationals and citizens of the United States at birth

INA 309 - Children born out of wedlock

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

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

INA 332 , 8 CFR 332 - Naturalization administration, executive functions

INA 341 , 8 CFR 341 - Certificates of citizenship

Forms

G-1055, Fee Schedule

G-28, Notice of Entry of Appearance as Attorney or Accredited Representative

N-600, Application for Certificate of Citizenship

N-600K, Application for Citizenship and Issuance of Certificate Under Section 322

Other Materials

Citizenship Resource Center: Check for Test Updates

Citizenship Resource Center: Study for the Test

Citizenship Resource Center: The Naturalization Interview and Test

How to Use the USCIS Policy Manual Website

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] . 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).

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

Nationality Chart 1

Children [1] Born Outside the United States in Wedlock 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

Either parent a USC [2] USC parent resided in the United States Not Applicable

On or After

May 24, 1934

and Before

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]

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 alien 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 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 [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 alien 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]

Both parents USCs At least one USC parent resided in the United States or OLP [11] Not Applicable

On or After

Dec. 24, 1952

and Before

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 10 years, at least 5 years of which were after age 14 [12] Not Applicable

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 [13] 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] 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.

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.

[^ 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

Child Born Out of Wedlock to U.S. Citizen Mother (Table 1 of 4) PERIOD IN WHICH CHILD WAS BORN ELIGIBILITY REQUIREMENTS

Before

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 Before

Dec. 24, 1952

The mother resided in the United States or OLP at any time before the child’s birth.

On or After

Dec. 24, 1952

and Before

Nov. 14, 1986

The mother maintained at least 1 year of continuous physical presence in the United States or OLP at any time before the child’s birth; or

The mother was physically present in the United States or OLP for 10 years, at least 5 of which were after age 14, at the time of the child’s birth, and the child’s paternity was established by legitimation while the child was under age 21.

On or After

Nov. 14, 1986

and Before

June 12, 2017

The mother maintained at least 1 year of continuous physical presence in the United States or OLP at any time before 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 before the child’s birth (at least 2 years of which were after age 14).

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

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

Before

May 24, 1934

The child was legitimated at any time after birth under the laws of the father’s domicile;

The USC father resided in the United States before the child’s birth; and

No residence required for the child to retain U.S. citizenship.

On or After

May 24, 1934

and Before

Jan. 13, 1941

The child was legitimated at any time after birth under the laws of the father’s domicile;

The USC father resided in the United States before the child’s birth; [4] and

The child met retention requirements.

See Nationality Chart 1 for retention requirements .

On or After

Jan. 13, 1941

and Before

Dec. 24, 1952

The child was legitimated before age 21 under the laws of the father’s domicile;

The USC father resided in the United States or OLP for at least 10 years, at least 5 years of which were after age 14, at the time of the child’s birth; and

The child met retention requirements.

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

The child was legitimated before age 21 under the laws of the child's or father’s residence or domicile;

The child was legitimated before Nov. 14, 1986;

The child must be unmarried at the time of legitimation;

The USC father was physically present in the United States or OLP for 10 years, at least 5 years of which were after age 14, before the child’s birth; and

No residence required for the child to retain U.S. citizenship.

See Nationality Chart 1 for special provisions.

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

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

On or After

Nov. 14, 1986

The child was legitimated OR acknowledged before age 18* (legitimated under the laws of the child’s residence or domicile; or paternity acknowledged in writing under oath; or paternity established by court order);

A blood relationship between the child and father was established;

The father, unless deceased, has agreed in writing to provide financial support until child reaches age 18; [6]

The child must be unmarried; [7] and

The USC father was physically present in the United States or OLP for 5 years, at least 2 years of which were after age 14, before the child’s birth.

*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).

Child Born Out of Wedlock to Two U.S. Citizen Parents (Table 4 of 4) 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.

On or After

Dec. 24, 1952

and Before

Nov. 14, 1986

Citizenship through U.S. Citizen Mother

The mother had at least 1 year of continuous physical presence in the United States or OLP at any time before the child’s birth; or

Citizenship through U.S. Citizen Father

The child was legitimated before age 21 under the laws of the child’s or father’s residence or domicile;

The child was legitimated before Nov. 14, 1986;

The child must be unmarried at the time of legitimation; and

Either parent resided in the United States at any time before the child’s birth.

On or After

Nov. 14, 1986

and Before

June 12, 2017

Citizenship through U.S. Citizen Mother

The mother had at least 1 year of continuous physical presence in the United States or OLP at any time before the child’s birth.

Citizenship through U.S. Citizen Father

A blood relationship between the child and father was established;

The father, unless deceased, has agreed in writing to provide financial support until child reaches age 18; [9]

The child must be unmarried; [10] and

Either parent resided in the United States at any time before the child’s birth.

*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

The mother had at least 1 year of continuous physical presence in the United States or OLP at any time before the child’s birth; or

The mother was physically present in the United States or OLP for at least 5 years before the child’s birth (at least 2 years of which were after age 14).

Citizenship through U.S. Citizen Father

The child was legitimated OR acknowledged before age 18 (legitimated under the laws of the child’s residence or domicile; or paternity acknowledged in writing under oath; or paternity established by court order);

A blood relationship between child and father was established;

The father, unless deceased, has agreed in writing to provide financial support until child reaches age 18; [12]

The child must be unmarried; [13] and

Either parent resided in the United States at any time before the child’s birth.

Footnotes

[^ 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. 76-853 (PDF) , 54 Stat. 1137, 1139 (October 14, 1940).

[^ 3] See Sessions v. Morales-Santana (PDF) , 582 U.S. 47 (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] 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 Alien 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 Alien 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 PLACE CHILD BECAME LPR BEFORE STATUTORY AGE OF NATURALIZATION OF PARENT(S) BEFORE CHILD’S STATUTORY AGE ADDITIONAL REMARKS

Before

May 24, 1934

21 years old

At least one parent naturalized

None

On or After

May 24, 1934

and Before

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 Before

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 Before

Oct. 5, 1978

18 years old [6]

Both parents [7] naturalized

Child unmarried at the time all requirements were met (adopted children may not derive from adoptive parents) [8]

On or After

Oct. 5, 1978

and Before

Feb. 27, 2001

18 years old [9]

Both parents [10] naturalized

Child unmarried at the time all requirements were met (includes certain adopted [11] children adopted before age 16 who are residing with adoptive parent or parents at the time of their naturalization)

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 [12] in legal and physical custody of U.S. citizen parent (includes adopted child [13] of U.S. citizen; must meet INA 101(b)(1) requirements for adopted children)

Footnotes

[^ 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 (PDF) , 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] 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:

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.

[^ 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 alien parents may still derive citizenship from the mother in cases where:

Paternity was not established by legitimation;

The child was adopted by the stepfather; and

The child’s biological mother naturalized.

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 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. The adoptive parent may not be a native-born U.S. citizen.

[^ 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:

The child is in the legal and physical custody of a U.S. citizen parent who is: Stationed and residing outside of the United States as a member of the U.S. armed forces;

Stationed and residing outside of the United States as an employee of the U.S. government; or

The spouse residing outside the United States in marital union with a U.S. armed forces member or U.S. government employee who is stationed outside of the United States.

In cases involving the child of a U.S. armed forces member, the child is authorized to accompany and reside with the U.S. armed forces member as provided by the member’s official orders.

In cases involving the child of a spouse of a U.S. armed forces member, the child and the spouse are both authorized to accompany and reside with the U.S. armed forces member as provided by the member’s official orders.

[^ 13] For more information on adopted children, see Volume 5, Adoptions, Part F, Citizenship for Adopted Children [ 5 USCIS-PM F ].

Appendix: Nationality Chart 4 - Children of U.S. Citizens Regularly Residing Outside United States (INA 322)

Nationality Chart 4

Children of U.S. Citizens Regularly Residing Outside the United States (INA 322) [1] GENERAL REQUIREMENTS PHYSICAL PRESENCE OF PARENT OR GRANDPARENT

Must meet the definition of child under INA 101(c)(1) . [2]

The child has at least one U.S. citizen (USC) parent by birth or through naturalization (including an adoptive parent). An adoptive parent must meet the requirements of INA 101(b)(1)(E) , INA 101(b)(1)(F) , or INA 101(b)(1)(G) . [3]

The child’s USC parent or USC grandparent meets physical presence requirements.

The child is under 18 years of age (at the time of adjudication and the taking of the Oath of Allegiance, [4] unless the Oath is waived because the child is unable to understand its meaning by reason of mental incapacity or young age).

The child is residing outside of the United States in the legal and physical custody of the USC parent, or a person who does not object to the application if the USC parent is deceased.

At the time the application is approved and time of naturalization, the child is lawfully admitted, physically present, and maintaining a lawful status in the United States. Both the child and the citizen parent must appear at an interview.

Children of Military Members

For children of military members authorized to accompany the member abroad and residing with the military member parent:

The parent’s authorized period abroad counts as physical presence in the United States;

The child does not need to reside in the United States in lawful status; and

The child may take the Oath abroad. [5]

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)

U.S. Citizen Grandparent

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, who must have been physically present in the United States for at least 5 years (at least 2 years of which were after the grandparent reached the age of 14). If the USC parent has died, the USC parent or USC grandparent must have met the physical presence requirement stated above at the time of the USC parent’s 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] For more information on adopted children, see Volume 5, Adoptions, Part F, Citizenship for Adopted Children [ 5 USCIS-PM F ].

[^ 4] See Volume 12, Citizenship and Naturalization, Part J, Oath of Allegiance [ 12 USCIS-PM J ].

[^ 5] See INA 322(d) .

Updates

POLICY ALERT - Lists of Foreign Diplomatic Officers Accredited to the United States

August 06, 2026

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual that removes references to the Diplomatic List (also known as the “Blue List”), which is no longer published by the U.S. Department of State (DOS).

Affected Sections

7 USCIS-PM O.3 - Chapter 3 - Children Born in the United States to Foreign Government Employees

12 USCIS-PM H.3 - Chapter 3 - U.S. Citizens at Birth (INA 301 and 309)

POLICY ALERT - Suggesting DNA Testing When Issuing a Request for Additional Evidence

August 05, 2026

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to require officers to suggest Deoxyribonucleic Acid (DNA) testing as an optional form of evidence to establish a claimed genetic relationship in cases where primary evidence is unavailable, unreliable, or insufficient to establish a claimed genetic relationship, in situations where an officer determines additional evidence is necessary.

Affected Sections

1 USCIS-PM E.6 - Chapter 6 - Evidence

4 USCIS-PM C.4 - Chapter 4 - Documentation and Evidence

5 USCIS-PM C.7 - Chapter 7 - Documentation and Evidence

5 USCIS-PM D.3 - Chapter 3 - Identity and Age

12 USCIS-PM H.2 - Chapter 2 - Definition of Child and Residence for Citizenship and Naturalization

POLICY ALERT - Revised Guidance for Form N-648 Submission and Review Process

June 13, 2025

USCIS is changing how the Medical Certification for Disability Exceptions ( Form N-648 ) is processed by focusing greater attention on the veracity of medical certifications and identification of fraud, thereby enhancing the integrity of the process.

Affected Sections

12 USCIS-PM E.3 - Chapter 3 - Medical Certification for Disability Exceptions (Form N-648)

12 USCIS-PM H.2 - Chapter 2 - Definition of Child and Residence for Citizenship and Naturalization

POLICY ALERT - Recognizing Male and Female Sexes in USCIS Benefit Requests Review and Document Issuance

April 02, 2025

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to clarify that USCIS recognizes the two biological sexes, male or female, for purposes of reviewing benefit requests and USCIS-issued documents.

Affected Sections

1 USCIS-PM E.5 - Chapter 5 - Verification of Identifying Information

11 USCIS-PM A.2 - Chapter 2 - USCIS-Issued Secure Identity Documents

12 USCIS-PM G.2 - Chapter 2 - Marriage and Marital Union for Naturalization

12 USCIS-PM H.2 - Chapter 2 - Definition of Child and Residence for Citizenship and Naturalization

12 USCIS-PM K.2 - Chapter 2 - Certificate of Citizenship

12 USCIS-PM K.3 - Chapter 3 - Certificate of Naturalization

12 USCIS-PM K.4 - Chapter 4 - Application for Replacement of Naturalization/Citizenship Document

Technical Update - Replacing the Term "Noncitizen"

February 26, 2025

This technical update replaces all instances of the term “noncitizen” with “alien” or other appropriate terms throughout the Policy Manual where possible, 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”], and makes other technical and conforming changes.

Affected Sections

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole

4 USCIS-PM - Volume 4 - Refugees and Asylees

5 USCIS-PM - Volume 5 - Adoptions

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

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

POLICY ALERT - Custody in Acquisition of Citizenship Context

November 19, 2024

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual regarding the legal and physical custody requirements for purposes of acquisition of U.S. citizenship under Section 320 and naturalization under Section 322 of the Immigration and Nationality Act (INA). USCIS is also expanding guidance on derivation of citizenship before the Child Citizenship Act (CCA), under former INA 321.

Affected Sections

12 USCIS-PM H.1 - Chapter 1 - Purpose and Background

12 USCIS-PM H.2 - Chapter 2 - Definition of Child and Residence for Citizenship and Naturalization

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 the United States (INA 322)

12 USCIS-PM H.7 - Chapter 7 - Deriving Citizenship Before the Child Citizenship Act of 2000 (Former INA 321 and 320)

POLICY ALERT - Children’s Acquisition of Citizenship Provisions

July 18, 2024

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual regarding provisions for children’s acquisition of citizenship.

Affected Sections

12 USCIS-PM H.1 - Chapter 1 - Purpose and Background

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 the United States (INA 322)

12 USCIS-PM H.6 - Chapter 6 - Special Provisions for the Naturalization of Children

POLICY ALERT - Citizenship for Adopted Children

April 21, 2023

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify how citizenship and naturalization provisions apply to adopted children.

Affected Sections

5 USCIS-PM F - Part F - Citizenship for Adopted Children

12 USCIS-PM A.2 - Chapter 2 - Born in the United States and Becoming a U.S. Naturalized Citizen

12 USCIS-PM H.1 - Chapter 1 - Purpose and Background

12 USCIS-PM H.2 - Chapter 2 - Definition of Child and Residence for Citizenship and Naturalization

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 the United States (INA 322)

POLICY ALERT - Photographs and Signatures for Applications for Certificates of Citizenship

January 26, 2022

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to specify that persons submitting an Application for Certificate of Citizenship (Form N-600) will generally now have their photographs taken at a biometrics appointment instead of submitting paper photographs and handwritten signatures, as applicable.

Affected Sections

12 USCIS-PM H.4 - Chapter 4 - Automatic Acquisition of Citizenship after Birth (INA 320)

POLICY ALERT - Assisted Reproductive Technology and In-Wedlock Determinations for Immigration and Citizenship Purposes

August 05, 2021

U.S. Citizenship and Immigration Services (USCIS) is updating guidance in the USCIS Policy Manual regarding the determination of whether a child born outside the United States, including a child born through Assisted Reproductive Technology (ART), is considered born “in wedlock.”

Affected Sections

6 USCIS-PM B.7 - Chapter 7 - Children, Sons, and Daughters

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 the United States (INA 322)

Technical Update - Incorporating New INA 320(c) Provision into Nationality Chart 3 - Derivative Citizenship of Children

May 24, 2021

This technical update to Volume 12 incorporates into Nationality Chart 3 the new INA 320(c) provision, as amended by Section 2 of the Citizenship for Children of Military Members and Civil Servants Act, regarding the automatic citizenship of a foreign-born child of a U.S. citizen employee of the U.S. government or member of the U.S. armed forces.

Affected Sections

12 USCIS-PM H.3 - Chapter 3 - U.S. Citizens at Birth (INA 301 and 309)

Technical Update - Replacing the Term “Alien”

May 11, 2021

This technical update replaces all instances of the term “alien” with “noncitizen” or other appropriate terms throughout the Policy Manual where possible, 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”].

Affected Sections

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

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

Technical Update - Clarifying Acquisition of Citizenship Requirement in Nationality Chart 2 for Children Born Out of Wedlock Before May 24, 1934

December 08, 2020

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.

Affected Sections

12 USCIS-PM H.3 - Chapter 3 - U.S. Citizens at Birth (INA 301 and 309)

POLICY ALERT - Residency Requirements for Children of Service Members and Government Employees Residing Outside of the United States for Purposes of Acquisition of Citizenship

September 18, 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.

Affected Sections

12 USCIS-PM H - Part H - Children of U.S. Citizens

12 USCIS-PM I - Part I - Military Members and their Families

Technical Update - Moving the Adjudicator’s Field Manual Content into the USCIS Policy Manual

May 21, 2020

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 between the AFM and the Policy Manual.

Affected Sections

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole

4 USCIS-PM - Volume 4 - Refugees and Asylees

5 USCIS-PM - Volume 5 - Adoptions

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

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

Technical Update - Implementation of Policy Guidance on Defining “Residence” in Statutory Provisions Related to Citizenship

October 29, 2019

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.

Affected Sections

12 USCIS-PM H - Part H - Children of U.S. Citizens

12 USCIS-PM I - Part I - Military Members and their Families

Technical Update - Replacing the Term “Foreign National”

October 08, 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”].

Affected Sections

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

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

POLICY ALERT - Defining “Residence” in Statutory Provisions Related to Citizenship

August 28, 2019

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.

Affected Sections

12 USCIS-PM H - Part H - Children of U.S. Citizens

12 USCIS-PM I - Part I - Military Members and their Families

POLICY ALERT - Special Naturalization Provisions for Children

September 26, 2018

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.

Affected Sections

12 USCIS-PM G.3 - Chapter 3 - Spouses of U.S. Citizens Residing in the United States

12 USCIS-PM H.6 - Chapter 6 - Special Provisions for the Naturalization of Children

Technical Update - Certificates of Citizenship for U.S. National Children

August 15, 2018

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.

Affected Sections

12 USCIS-PM H.4 - Chapter 4 - Automatic Acquisition of Citizenship after Birth (INA 320)

POLICY ALERT - Acquisition of U.S. Citizenship for Children Born Out of Wedlock

April 18, 2018

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.

Affected Sections

12 USCIS-PM H.3 - Chapter 3 - U.S. Citizens at Birth (INA 301 and 309)

POLICY ALERT - Effective Date of Lawful Permanent Residence for Purposes of Citizenship and Naturalization

July 27, 2016

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance regarding the date of legal permanent residence (LPR) for naturalization and citizenship purposes.

Affected Sections

12 USCIS-PM D.2 - Chapter 2 - Lawful Permanent Resident Admission for Naturalization

12 USCIS-PM H.4 - Chapter 4 - Automatic Acquisition of Citizenship after Birth (INA 320)

Technical Update - Child Citizenship Act and Children of U.S. Government Employees Residing Abroad

July 20, 2015

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.

Affected Sections

12 USCIS-PM H.4 - Chapter 4 - Automatic Acquisition of Citizenship after Birth (INA 320)

12 USCIS-PM K.2 - Chapter 2 - Certificate of Citizenship

POLICY ALERT - Effect of Assisted Reproductive Technology (ART) on Immigration and Acquisition of Citizenship Under the Immigration and Nationality Act (INA)

October 28, 2014

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance relating to the use of Assisted Reproductive Technology (ART).

Affected Sections

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 the United States (INA 322)

POLICY ALERT - Comprehensive Citizenship and Naturalization Policy Guidance

January 07, 2013

USCIS is issuing updated and comprehensive citizenship and naturalization policy guidance in the new USCIS Policy Manual.

Affected Sections

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

Current as of September 18, 2026

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