C.F.R. » Title 8 » CHAPTER I—DEPARTMENT OF HOMELAND SECURITY › SUBCHAPTER C—NATIONALITY REGULATIONS › PART 320—CHILD BORN OUTSIDE THE UNITED STATES AND RESIDING PERMANENTLY IN THE UNITED STATES; REQUIREMENTS FOR AUTOMATIC ACQUISITION OF CITIZENSHIP

8 C.F.R. § 320.2

Who is eligible for citizenship?

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(a) General. To be eligible for citizenship under section 320 of the Act, a person must establish that the following conditions have been met after February 26, 2001:

(1) The child has at least one United States citizen parent (by birth or naturalization);

(2) The child is under 18 years of age; and

(3) The child is residing in the United States in the legal and physical custody of the United States citizen parent, pursuant to a lawful admission for permanent residence.

(b) Additional requirements if child is adopted. If adopted, the child must meet all of the requirements in paragraph (a) of this section as well as satisfy the requirements applicable to adopted children under section 101(b)(1) of the Act.

Notes of Decisions
Cited in 9 cases, 2001–2019 · leading case: Rodriguez-tejedor, 23 I. & N. Dec. 153 (BIA 2001).
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Rodriguez-tejedor, 23 I. & N. Dec. 153 (BIA 2001). · cites it 3× “The interim rule at 8 C.F.R. § 320.2 (a)(2) provides that individuals must meet all statutory requirements, including the age requirement, on or after February 27, 2001, to be eligible for citizenship under section 320 of the Act.”
Ujjaval B. Dave v. John D. Ashcroft, 363 F.3d 649 (7th Cir. 2004). “…United States v. Arbelo, 288 F.3d 1262, 1263 (11th Cir.2002); In re Rodriguez-Tejedor, 23 I. & N. Dec. 153 (BIA2001); 8 C.F.R. § 320.2 (a)(2).”
Walker v. Holder, 589 F.3d 12 (1st Cir. 2009). “” 8 C.F.R. § 320.2 (a)(2001). Section 101(b)(1) of the INA, concerning adoption, is codified at 8 U.”
Pina v. Mukasey, 542 F.3d 5 (1st Cir. 2008). “See 8 C.F.R. § 320.2 (a) (“To be eligible for citizenship under [the CCA], a person must establish that the [statutory] conditions have been met after February 26, 2001.”
Howard Duncan v. William Barr, 919 F.3d 209 (4th Cir. 2019). “See 8 C.F.R. § 320.2 (providing that the requirements of the CCA must "have been met after February 26, 2001").”
Howard Duncan v. William Barr (4th Cir. 2019). “See 8 C.F.R. § 320.2 (providing that the requirements of the CCA must “have been met after February 26, 2001”).”
Howard Duncan v. William Barr (4th Cir. 2019). “See 8 C.F.R. § 320.2 (providing that the requirements of the CCA must “have been met after February 26, 2001”).”
Dave, Ujjaval B. v. Ashcroft, John (7th Cir. 2004). “153 (BIA 2001); 8 C.F.R. § 320.2 (a)(2). Nos. 02-4207, 03-1578 & 03-1579 9 A true Copy: Teste: ________________________________ Clerk of the United States Court of Appeals for the Seventh Circuit USCA-02-C-0072—4-14-04”
Samuel Durand v. Eric Holder, Jr., 343 F. App'x 141 (7th Cir. 2009). “See 8 C.F.R. § 320.2 (a); see also Pina v. Mukasey, 542 F.”
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