(a) General. A child will be eligible for citizenship under section 322 of the Act, if the following conditions have been fulfilled:
(1) The child has at least one United States citizen parent (by birth or naturalization);
(2) The United States citizen parent has been physically present in the United States or its outlying possessions for at least 5 years, at least 2 of which were after the age of 14, or the United States citizen parent has a United States citizen parent who has been physically present in the United States or its outlying possessions for at least 5 years, at least 2 of which were after the age of 14;
(3) The child currently is under 18 years of age;
(4) The child currently is residing outside the United States in the legal and physical custody of the United States citizen parent; and
(5) The child is temporarily present in the United States pursuant to a lawful admission and is maintaining such lawful status in the United States.
(b) Additional requirements if child is adopted. If an adopted child, all of the requirements in paragraph (a) of this section must be fulfilled and the child must satisfy the requirements applicable to adopted children under section 101(b)(1) of the Act.
(c) Exceptions for children of military personnel. Pursuant to section 322(d) of the Act, a child of a member of the Armed Forces of the United States residing abroad is exempt from the temporary physical presence, lawful admission, and maintenance of lawful status requirements under 8 CFR 322.2(a)(5), if the child:
(1) Is authorized to accompany and reside abroad with the member of the Armed Forces pursuant to the member's official orders; and
(2) Is accompanying and residing abroad with the member of the Armed Forces.
[66 FR 32144, June 13, 2001, as amended at 76 FR 53799, Aug. 29, 2011]
Notes of Decisions
Cited in
5
cases, 2001–2009 · leading case:
Harriott v. Ashcroft, 277 F. Supp. 2d 538 (E.D. Pa. 2003).
Harriott v. Ashcroft, 277 F. Supp. 2d 538 (E.D. Pa. 2003).
· cites it 4× “§ 1433 (a) and the applicable regulation, 8 C.F.R. 322.2(a) (1999). 4 Ms. Harriott filed an appeal to the INS’s Administrative Appeals Unit (“AAU”) on October 29, 1999, which was denied on February 24, 2000.”
Robertson-Dewar v. Mukasey, 599 F. Supp. 2d 772 (W.D. Tex. 2009).
· cites it 3× “” See 8 C.F.R. § 322.2 (1996). 3 Petitioner was not a citizen when his Application was filed, and would be a citizen only if the Application was approved and Petitioner took an oath of allegiance.”
Rodriguez-tejedor, 23 I. & N. Dec. 153 (BIA 2001).
“Similarly, the regulation set forth at 8 C.F.R. § 322.2 (a) (1997) clearly states that “a child on whose behalf an application for naturalization has been filed .”
Ejelonu v. INS (6th Cir. 2004).
“§ 1433 (a) (2000) (emphasis added); see also While in school, Petitioner held jobs at Office Depot and 8 C.F.R. 322.2(a)(3) (2000) (reiterating the same rule).”
— 8 C.F.R. § 322.2(a) — 1 case
Harriott v. Ashcroft, 277 F. Supp. 2d 538 (E.D. Pa. 2003).
“§ 1433 (a) and the applicable regulation, 8 C.F.R. 322.2(a) (1999). 4 Ms. Harriott filed an appeal to the INS’s Administrative Appeals Unit (“AAU”) on October 29, 1999, which was denied on February 24, 2000.”
— 8 C.F.R. § 322.2(a)(1) — 1 case
Harriott v. Ashcroft, 277 F. Supp. 2d 538 (E.D. Pa. 2003).
“§ 1433 (a) and the applicable regulation, 8 C.F.R. 322.2(a) (1999). 4 Ms. Harriott filed an appeal to the INS’s Administrative Appeals Unit (“AAU”) on October 29, 1999, which was denied on February 24, 2000.”
— 8 C.F.R. § 322.2(a)(3) — 2 cases
Ejelonu v. INS (6th Cir. 2004).
“§ 1433 (a) (2000) (emphasis added); see also While in school, Petitioner held jobs at Office Depot and 8 C.F.R. 322.2(a)(3) (2000) (reiterating the same rule).”
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