U.S. Code » Title 8 » Chapter CHAPTER 12— IMMIGRATION AND NATIONALITY › Subchapter SUBCHAPTER III— NATIONALITY AND NATURALIZATION › Part Part II— Nationality Through Naturalization

8 U.S.C. § 1431

Children born outside the United States and lawfully admitted for permanent residence; conditions under which citizenship automatically acquired

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(a) In general 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:(1) At least one parent of the child is a citizen of the United States, whether by birth or naturalization.(2) The child is under the age of eighteen years.(3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.(b) Adoption

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.

(c) Children of military and Federal Government personnel residing abroadSubsection (a)(3) is deemed satisfied in the case of a child who is lawfully admitted for permanent residence in the United States if—(1) the child is residing in the legal and physical custody of a citizen parent who is—(A) stationed and residing abroad as an employee of the Government of the United States; or(B) residing abroad in marital union with an employee of the Government of the United States who is stationed abroad; or(2) the child is—(A) residing in the legal and physical custody of a citizen parent who is—(i) stationed and residing abroad as a member of the Armed Forces of the United States; or(ii) authorized to accompany and reside abroad with a member of the Armed Forces of the United States pursuant to the member’s official orders, and is so accompanying and residing abroad with the member in marital union; and(B) authorized to accompany such member and reside abroad with the member pursuant to the member’s official orders, and is so accompanying and residing with the member.(d) Name and birth date

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.

(June 27, 1952, ch. 477, title III, ch. 2, § 320, 66 Stat. 245; Pub. L. 95–417, § 4, Oct. 5, 1978, 92 Stat. 917; Pub. L. 97–116, § 18(m), Dec. 29, 1981, 95 Stat. 1620; Pub. L. 99–653, § 14, Nov. 14, 1986, 100 Stat. 3657; Pub. L. 100–525, §§ 8(l), 9(w), Oct. 24, 1988, 102 Stat. 2618, 2621; Pub. L. 106–395, title I, § 101(a), Oct. 30, 2000, 114 Stat. 1631; Pub. L. 113–74, § 2, Jan. 16, 2014, 127 Stat. 1212; Pub. L. 116–133, § 2(a), Mar. 26, 2020, 134 Stat. 274.)Editorial NotesAmendments

2020—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 SubsidiariesEffective 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.

Notes of Decisions
Cited in 191 cases (22 in the last 5 years), 1957–2025 · leading case: Khalid v. Sessions, 904 F.3d 129 (2d Cir. 2018).
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Khalid v. Sessions, 904 F.3d 129 (2d Cir. 2018). · cites it 22× “8 U.S.C. § 1431 (a). In this petition, we are asked to construe the term "physical custody" in 8 U.”
Watson v. United States, 865 F.3d 123 (2d Cir. 2017). · cites it 4× “8 U.S.C. § 1431 (a). For purposes of that provision, “child” is defined as: an unmarried person under twenty-one years of age and includes a child legitimated under the law of the child’s residence or domicile, or under the law of the father’s residence or domicile, whether in…”
Monssef Cheneau v. Merrick Garland, 997 F.3d 916 (9th Cir. 2021). · cites it 7× “The concurrence urged reexamination because Romero-Ruiz “was phrased too 1 Section 1432 was repealed in 2000 and replaced with a new derivative citizenship provision, codified at 8 U.S.C. § 1431 (a). The panel addressed the applicability of § 1432(a)(5) (1994) in Cheneau’s case…”
Walker v. Holder, 589 F.3d 12 (1st Cir. 2009). · cites it 6× “1631, which is codified at section 320 of the- Immigration and Nationality Act (“INA”), 8 U.S.C. § 1431 . After careful consideration, we affirm the BIA’s ruling.”
Adebowale Ojo v. Loretta Lynch, 813 F.3d 533 (4th Cir. 2016). · cites it 4× “On May 6, 2013, in light of Ojo’s convictions, and alleging that Ojo had not derived citizenship as an adopted child under 8 U.S.C. § 1431 and 8 U.S.C. § 1101 (b)(1)(E), the DHS charged him with removability from the United States under 8 U.”
George Nastase v. William Barr, U. S. Atty Gen, 964 F.3d 313 (5th Cir. 2020). · cites it 4× “See 8 U.S.C. § 1431 (a). As all this was taking place, Nastase again applied for an adjustment of status under § 1159(a).”
Guzman v. United States Dep't of Homeland Sec., 679 F.3d 425 (6th Cir. 2012). · cites it 3× “1137; (2) failing to adjudicate his claims for citizenship under 8 U.S.C. §§ 1431 and 1433; and (3) finding under a rational basis analysis that section 201(g) of the Nationality Act does not produce an absurd result.”
Tuan Anh Nguyen v. Immigr. & Naturalization Serv., 533 U.S. 53 (2001). · cites it 2× “, 8 U. S. C. § 1431 (child born abroad to one citizen parent and one noncitizen parent shall become a citizen if, inter alia, the noncitizen parent is naturalized before the child reaches 18 years of age and the child begins to reside in the United States before he or she turns…”
Rodriguez-tejedor, 23 I. & N. Dec. 153 (BIA 2001). · cites it 4× “Department of Justice Executive Office for Immigration Review Board of Immigration Appeals (1) The automatic citizenship provisions of section 320 of the Immigration and Nationality Act, 8 U.S.C. § 1431 (1994), as amended by the Child Citizenship Act of 2000, Pub.”
Thomas v. Lynch, 828 F.3d 11 (1st Cir. 2016). · cites it 3× “1631 , codified *14 at 8 U.S.C. § 1431 (a). 2 Thomas and the government agree that Thomas’s mother, as his lone surviving parent, was naturalized while Thomas was under eighteen.”
Leszek Hughes, A.K.A. Thomas Lloyd Hughes, A.K.A. Tom v. John Ashcroft, Attorney Gen., 255 F.3d 752 (9th Cir. 2001). · cites it 2× “As amended, 8 U.S.C. § 1431 (a) (§ 320(a) of the Immigration and Nationality Act) provides: 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: (1) At least one parent of the…”
Alfred Minasyan v. Alberto R. Gonzales, Attorney Gen., 401 F.3d 1069 (9th Cir. 2005). · cites it 2× “106-395, repealed INA § 321 and amended INA § 320, 8 U.S.C. § 1431 . Under this new provision, a child becomes a citizen if a custodial parent naturalizes, even if there has been no legal separation between the parents.”
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— 8 U.S.C. § 1431(a) — 2 cases
Garcia v. Usice (Dept. Of Homeland Sec.), 669 F.3d 91 (2d Cir. 2011).
Monssef Cheneau v. Merrick Garland, 997 F.3d 916 (9th Cir. 2021). “The concurrence urged reexamination because Romero-Ruiz “was phrased too 1 Section 1432 was repealed in 2000 and replaced with a new derivative citizenship provision, codified at 8 U.S.C. § 1431 (a). The panel addressed the applicability of § 1432(a)(5) (1994) in Cheneau’s case…”
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