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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

				

UNCLASSIFIED STATE 00050940

VZCZCXYZ0003
RR RUEHWEB
DE RUEHC #0940 0810301
ZNR UUUUU ZZH
R 220254Z MAR 05
FM SECSTATE WASHDC
TO RUEHTV/AMEMBASSY TEL AVIV 8716
RUEHJM/AMCONSUL JERUSALEM 4056
INFO RUEPINS/HQ BICE INTEL WASHINGTON DC//DIR INTL AFF// 0203
BT
UNCLAS STATE 050940

VISAS, ATTENTION: OIE 428 PROGRAM

E.O. 12958: N/A
TAGS: CVIS
SUBJECT: CHILD CITIZENSHIP ACT: REQUIREMENT FOR CHILD TO BE
"RESIDING IN THE UNITED STATES"

REF: A. 01/03/05 REINEMEYER-MCEVOY E-MAIL B. 02/04/05 SECKLER HAMMEL E-MAIL 

1. Embassy Tel Aviv and Consulate General Jerusalem have requested guidance 
on the interpretation of INA section 320, which provides for the automatic 
naturalization of certain foreign born children of at least one U.S. citizen 
parent. The Child Citizenship Act of 2000 added this provision to the INA. Children 
who benefit from INA 320 did not acquire American citizenship at birth 
because their parents did not meet the transmission requirements but are granted 
citizenship when they enter the U.S. pursuant to lawful admission as a permanent 
resident. The inquiring posts specifically request clarification as to whether 
320 applies where the child plans to go to the U.S. only to naturalize, and 
then continue living outside the U.S. Section 320 requires that the child be 
"residing in the United States in the legal and physical custody of the citizen 
parent pursuant to lawful admission as a permanent resident." Based on this 
language, the CCA applies only to persons who can establish actual residence in 
the United States. A second CCA provision, INA section 322, should be used for 
children residing outside the United States.

2. Residence is defined in INA section 101(a)(33) as "the place of general 
abode." INA 101(a)(33) further indicates that, "the place of general abode of a 
person means his principal, actual, dwelling place in fact, without regard to 
intent." Therefore, in order to satisfy the requirements of INA 320, the child 
beneficiary must establish to the Consular Officer's satisfaction that he/she 
has an actual, current dwelling in the United States. Mere statements of 
intent to establish residencE in the United States will not be sufficient to meet 
this burden. See 9 FAM 40.41 N.6.

3. In limited circumstances, children of U.S. citizens who live outside the 
U.S. will still be considered to have a residence in the U.S. Children of U.S. 
Military or U.S. Government employee, temporarily stationed abroad will be 
considered to be "residing in the United States" for purposes of acquisition of 
citizenship under INA 320. See 9 FAM 42.22 N.9.

4. In cases where the child cannot establish residence under section 320, 
he/she may still qualify for expeditious naturalization under INA section 322. If 
the child has a U.S. citizen parent or grandparent who has been physically 
present in the U.S. for five years or more, at least two of which were after the 
age of fourteen years, the child is under the age of eighteen years, and the 
child is residing outside the U.S. in the physical and legal custody of the 
applicant, an application for naturalization can be filed from abroad. Once the 
application is approved, the child will come to the U.S., typically under a B2 
visa, to take an oath of allegiance and become a U.S. citizen.

5. In summary, INA section 320 requires that the child/beneficiary be 
"residing in the United States," which is demonstrated through an actual, current 
domicile within the U.S

In cases where the child resides outside the U.S., post should apply INA 
section 322.

RICE
BT
#0940

NNNN

UNCLASSIFIED STATE 00050940 



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