Page:United States Statutes at Large Volume 108 Part 5.djvu/817

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PUBLIC LAW 103-416—OCT. 25, 1994 108 STAT. 4307 " CHILD BORN OUTSIDE THE UNITED STATES; APPLICATION FOR CERTIFICATE OF CITIZENSHIP REQUIREMENTS "SEC. 322. (a) A parent who is a citizen of the United States may apply to the Attorney General for a certificate of citizenship on behalf of a child born outside the United States. The Attorney General shall issue such a certificate of citizenship upon proof to the satisfaction of the Attorney General that the following conditions have been fulfilled: "(1) At least one ptirent is a citizen of the United States, whether by birth or naturaHzation. "(2) 'Hie child is physically present in the United States pursuant to a lawful admission. "(3) The child is under the age of 18 years and in the legal custody of the citizen parent. "(4) If the citizen parent is an adoptive parent of the child, the child was adopted by the citizen parent before the child reached the age of 16 years and the child meets the requirements for being a child tmder subparagraph (E) or (F) of section 101(b)(1). "(5) If the citizen parent has not been physically present in the United States or its outiying 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— "(A) the child is residing permanently in the United States with the citizen parent, pursuant to a lawful admission for pemmnent residence, or "(B) a citizen parent of the citizen parent has been physically present in the United States or its outiying Eossessions for a period or periods totaling not less than ve years, at least two of \mich were after attaining the age of fourteen years. "(b) Upon approval of the application (which may be filed 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 naturaHzation, the child shall become a citizen of the tfnited States and shall be furnished by the Attorney General with a certificate of citizenship. "(c) Subsection (a) of this section shall apply to the adopted child of a United States citizen adoptive parent if the conditions specified in such subsection have been fulfilfed.". (b) CONFORMING AMENDMENT.—Subsection (c) of section 341 of such Act (8 U.S.C. 1452) is repealed. (c) CLERICAL AMENDMENT.—The item in the table of contents of such Act relating to section 322 is amended to read as follows: "Sec. 322. Child born outside the United States; application for certificate of citizenship requirements.". (d) EFFECTIVE DATE. —The amendments made by this section 8 USC 1433 note. shall take effect on the first day of the first month beginning more than 120 days after the date of the enactment of this Act SEC. 103. FORMER CITIZENS OF UNITED STATES REGAINING UNITED i STATES CITIZENSHIP. (a) IN GENERAL.—Section 324 of the Immigration and Nationality Act (8 U.S.C. 1435) is amended by adding at the end the following new subsection: