‘‘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 Gen-
eral, 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 to-
taling 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 cit-
izen parent, is temporarily present in the United
States pursuant to a lawful admission, and is main-
taining such lawful status.
‘‘(b) Upon approval of the application (which may be
filed from abroad) and, except as provided in the last sen-
tence of section 337(a), upon taking and subscribing be-
fore 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 Gen-
eral 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 sat-
isfies the requirements for being a child under subpara-
graph (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 ac-
quiring 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(8 U.S.C. 1432) is repealed.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 PER-
SONS 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 AD-
MITTED
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 re-
quirements relating to children born outside of
the United States in section 322 of the Immi-
gration 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 ap-
proval of the application (which may be filed from
abroad) and upon taking and subscribing before an
officer of the Immigration and Naturalization Serv-
ice 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.
Æ