Kurzban's Naturalization Charts, Appendix B - Fd

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Copyright 2004, American Immigration Lawyers Association. Reprinted, with permission,from Kurzban’s Immigration Law Sourcebook 1054 (2004 ed.).APPENDIX BNATURALIZATION CHARTSAUTOMATIC ACQUISITION OF CITIZENSHIPUNDER THE CHILD CITIZENSHIP ACT OF 2000EffectiveDate ofAct*2/27/01Eligibility Requirements**At least one parent is U.S. citizen by birth ornaturalization. Child residing in U.S. in thelegal and physical custody of citizen parentpursuant to a lawful admission for permanentresidence.AgeLimitUnder18Date ofAutomaticAcquisitionDate lastconditionfulfilledLawApplicableINA §320,as amendedby P.L.106-395* Law is not retroactive, i.e., acquisition can only occur on or after 2/27/01 and only for children under 18 after 2/27/01.**Applies to adopted child if child has met requirements applicable to adopted children under INA §101(b)(1)(E) or (F).EXPEDITED NATURALIZATION OF CHILDRENEffectiveDate ofAct*Eligibility RequirementsAgeLimitDate ofAcquisitionLawApplicableDate ofIssuance ofCertificateINA §322,as amendedby P.L.106-395 &by P. L.107-273At least one parent is U.S. citizen by birth ornaturalization at time of filing N-600K. Ifcitizen parent deceased during preceding 5years, citizen grandparent or citizen legalguardian may file N-600K.2/27/01Prior to filing, citizen parent has been physically present in U.S. for at least 5 years, atleast 2 after age 14, or citizen parent has acitizen parent who has been physically presentin U.S. for 5 years, at least 2 after age 14.Under18Child is currently residing outside U.S. inlegal and physical custody of citizen parent, orif citizen parent deceased, an individual whodoes not object to the application.Child is temporarily present in U.S. pursuantto a lawful admission and maintaining lawfulstatus.*Applies to adopted children under 18 if child has met requirements applicable to adopted children under INA§101(b) (1)(E) or (F)Charts courtesy of Mr. Carmen DiPlacido, of Arlington, Virginia1054

APPENDIX B NATURALIZATION CHARTS1055AUTOMATIC ACQUISITION OF CITIZENSHIPTHROUGH NATURALIZATION OF PARENT(S)DateParent(s)NaturalizedDate of Automatic AcquisitionWhoNaturalized*AgeLimitIf Residing inU.S.If Residing AbroadLaw ApplicablePrior to3/2/07Either parentUnder21Date of naturalization ofparentDate child lawfullyadmitted U.S. forpermanent residence§2172, R.S. (Act4/14/1802)3/2/07 tonoon EST,5/24/34Either parentUnder21Date of naturalization ofparentDate child lawfullyadmitted U.S. forpermanent residence§2172, R.S. Sec.5, Act 3/2/07One parent,other remainingalienUnder21 whenadmittedU.S.Upon completion 5 yrs. residence in U.S.including residence completed after age21 and after 1/13/41§5, Act 3/2/07,as amended bySec. 2 Act5/24/34Alien parent(other beingcitizen); surviving parent; orparent havingcustody in divorceUnder21Date of naturalization ofparentDate child lawfullyadmitted U.S. forpermanent residence§2172, R.S.Alien parentother beingcitizen fromchild’s birthUnder18Date of naturalization ofparentDate child lawfullyadmitted U.S. forpermanent residence§313, 1940 ActBoth parents;surviving parent;or parent havingcustody in legalseparationUnder18Date of naturalization ofparentDate child lawfullyadmitted U.S. forpermanent residence§314, 1940 Act**Alien parent,other beingcitizen fromchild’s birthUnder18Date last condition fulfilledDate child lawfullyadmitted U.S. forpermanent residenceINA §320, asamended by P.L.95-417. Repealed by P.L.106-395Date last condition fulfilledDate child lawfullyadmitted U.S. forpermanent residenceINA §321, asamended by P.L.95-417. Repealed by P.L.106-395noon EST,5/24/34, to1/13/411/13/41 to12/24/52Subsequentto 12/24/52but before2/27/01**Both parents;surviving parent;parent havingcustody in legalseparation; ormother of childout of wedlockUnder18*The date of the parent(s) naturalization and the date of the lawful admittance of the child must occur before the ageshown in the age limit column.**Applies to an adopted child if the child is residing in the U.S. at the time of naturalization of such adopted parentor parents, in the custody of his adoptive parent or parents, pursuant to a lawful admission for permanent residence.

1056KURZBAN’S IMMIGRATION LAW SOURCEBOOKADJUDICATING CITIZENSHIP BASED ONBIRTH OUT OF WEDLOCK TO A U.S. FATHERDetermining Whether to Use “New” or “Old” INA §309(a)Date of BirthBefore 11/14/68On or After11/14/68andBefore 11/14/71On or After11/14/71andBefore 11/14/86On or After11/14/86Age BeforeWhich“Legitimation”Must Occur*Date BeforeWhich“Legitimation”Must Occur *Statement ofSupportRequired?Old Section309(a)2111/14/89NoOld Section309(a)2111/14/92NoNew Section309(a)1811/14/89YesOld Section309(a)1511/14/86NoNew Section309(a)1811/14/04YesNew Section309(a)18NoneYesApplicableStatute* Note that under New Section 309(a), the citizen father can, in lieu of legitimation, acknowledge paternity in writing and under oath, or paternity of the child can be established by adjudication of a competent court. Any one of the three methods of establishing paternity must occur before the child’s 18thbirthday.

APPENDIX B NATURALIZATION CHARTS1057

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1056 KURZBAN'S IMMIGRATION LAW SOURCEBOOK ADJUDICATING CITIZENSHIP BASED ON BIRTH OUT OF WEDLOCK TO A U.S. FATHER Determining Whether to Use "New" or "Old" INA §309(a) Date of Birth

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