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FEDERAL REGULATIONS (8 CFR) \ 8 CFR PART 322 -- CHILD BORN OUTSIDE THE
UNITEDSTATES; REQUIREMENTS FOR APPLICATION FOR CERTIFICATE OF CITIZENSHIP
(Revised 6/13/01; 66 FR 32138) \ § 322.2 Eligibility
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§ 322.2 Eligibility
(Section heading and section revised
General. A child will be eligible for citizenship under section
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.
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
of the Act.
Exceptions for children of military personnel.
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: (Paragraph (c) added effective 11/28/11,
(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.