106th Congress – H.R. 3667

United States Congress
106th Congress – H.R. 3667


HR 3667 IH

106th CONGRESS
2d Session
H. R. 3667
To amend the Immigration and Nationality Act to modify the provisions governing naturalization of children born outside of the United States.

IN THE HOUSE OF REPRESENTATIVES
February 15, 2000
Mr. DELAHUNT (for himself and Mr. GEJDENSON) introduced the following bill; which was referred to the Committee on the Judiciary


A BILL
To amend the Immigration and Nationality Act to modify the provisions governing naturalization of children born outside of the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the `Child Citizenship Act of 2000′.

SEC. 2. AUTOMATIC ACQUISITION OF CITIZENSHIP FOR CERTAIN CHILDREN BORN OUTSIDE UNITED STATES.

    (a) IN GENERAL- Section 320 of the Immigration and Nationality Act (8 U.S.C. 1431) is amended to read as follows:

`children born outside united states; conditions under which citizenship automatically acquired

    `SEC. 320. (a) 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 United States citizen parent–
        `(A) has been physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years; or
        `(B) has a citizen parent who has been physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years.
      `(3) The child is under the age of eighteen years.
      `(4) 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) Subsection (a) shall apply to a child adopted by a United States citizen parent if the child satisfies the requirements for being a child under subparagraph (E) or (F) of section 101(b)(1).’.
    (b) CLERICAL AMENDMENT- The table of sections of such Act is amended by striking the item relating to section 320 and inserting the following:
      `Sec. 320. Children born outside United States; conditions under which citizenship automatically acquired.’.

SEC. 3. ACQUISITION OF CERTIFICATE OF NATURALIZATION FOR CERTAIN CHILDREN BORN OUTSIDE UNITED STATES.

    (a) IN GENERAL- Section 322 of the Immigration and Nationality Act (8 U.S.C. 1433) is amended to read as follows:

`children born and residing outside united states; conditions for acquiring certificate of naturalization

    `SEC. 322. (a) A parent who is a citizen of the United States may apply for naturalization on behalf of a child born outside of the United States. The Attorney General shall issue a certificate of naturalization to such parent upon proof, to the satisfaction of the Attorney General, that the following conditions have been fulfilled:
      `(1) At least one parent is a citizen of the United States, whether by birth or naturalization.
      `(2) The United States citizen parent–
        `(A) has been physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years; or
        `(B) has a citizen parent who has been physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years.
      `(3) The child is under the age of eighteen years.
      `(4) The child is residing outside of the United States in the legal and physical custody of the citizen parent, is temporarily present in the United States pursuant to a lawful admission, and is maintaining such lawful status.
    `(b) Upon approval of the application (which may be filed from abroad) and, except as provided in the last sentence of section 337(a), upon taking and subscribing before an officer of the Service within the United States to the oath of allegiance required by this Act of an applicant for naturalization, the child shall become a citizen of the United States and shall be furnished by the Attorney General with a certificate of naturalization.
    `(c) Subsections (a) and (b) shall apply to a child adopted by a United States citizen parent if the child satisfies the requirements for being a child under subparagraph (E) or (F) of section 101(b)(1).’.
    (b) CLERICAL AMENDMENT- The table of sections of such Act is amended by striking the item relating to section 322 and inserting the following:
      `Sec. 322. Children born and residing outside United States; conditions for acquiring certificate of naturalization.’.

SEC. 4. CONFORMING AMENDMENT.

    Section 321 of the Immigration and Nationality Act (8 U.S.C. 1432) is repealed.

SEC. 5. EFFECTIVE DATE; SPECIAL PROVISION FOR PERSONS BORN OUTSIDE UNITED STATES AND ADMITTED WHILE UNDER 18.

    (a) EFFECTIVE DATE- The amendments made by this Act shall take effect 120 days after the date of the enactment of this Act.
    (b) SPECIAL PROVISION FOR CERTAIN PERSONS ADMITTED AS LAWFUL PERMANENT RESIDENTS WHILE UNDER AGE 18 ON OR AFTER JANUARY 1, 1988-
      (1) IN GENERAL- A person may apply to the Attorney General for a certificate of naturalization if such person–
        (A) on the date of the enactment of this Act, is 18 years of age or older;
        (B) while under the age of 18, and on or after January 1, 1988, was admitted to the United States for lawful permanent residence; and
        (C) after such admission, satisfied the requirements relating to children born outside of the United States in section 322 of the Immigration and Nationality Act (8 U.S.C. 1433) (as in effect on the date of the enactment of this Act).
      (2) ISSUANCE OF CERTIFICATE- Upon approval of the application (which may be filed from abroad) and upon taking and subscribing before an officer of the Immigration and Naturalization Service within the United States to the oath of allegiance required by the Immigration and Nationality Act of an applicant for naturalization, the applicant shall become a citizen of the United States and shall be furnished by the Attorney General with a certificate of naturalization.
      (3) EFFECTIVE DATE- This subsection shall take effect on the date of the enactment of this Act.

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