8 CFR 322.2 - Eligibility.

§ 322.2 Eligibility.
(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]

Title 8 published on 2013-01-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code