Page:United States Statutes at Large Volume 114 Part 2.djvu/994

 114 STAT. 1632 PUBLIC LAW 106-395 —OCT. 30, 2000 (b) CLERICAL AMENDMENT. — The table of sections of such Act is amended by striking the item relating to section 320 and inserting the following: "Sec. 320. Children born outside the United States and residing permanently in the United States; conditions under which citizenship automatically acquired.". SEC. 102. ACQUISITION OF CERTIFICATE OF CITIZENSHIP FOR CER- TAIN CHILDREN BORN OUTSIDE THE UNITED STATES. (a) IN GENERAL.—Section 322 of the Immigration and Nationality Act (8 U.S.C. 1433) is amended to read as follows: "CHILDREN BORN AND RESIDING OUTSIDE THE UNITED STATES; CONDITIONS FOR ACQUIRING CERTIFICATE OF CITIZENSHIP "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 who has not acquired citizenship automatically under section 320. The Attorney General shall issue a certificate of citizenship to such parent upon proof, to the satisfaction of the Attorney General, 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 physicedly 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 totaling 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 citizen parent, is temporarily present in the United States pursuant to a lawful admission, and is maintaining such lawful status. "(b) Upon approval of the application (which may be filed from 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 natureJization, the child shall become a citizen of the United States and shall be fiimished by the Attorney General with a certificate of citizenship. "(c) Subsections (a) and (b) shall apply to a child adopted by a United States citizen parent if the child satisfies the requirements applicable to adopted children under 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 the United States; conditions for acquiring certificate of citizenship.". SEC. 103. CONFORMING AMENDMENT. (a) IN GENERAL.—Section 321 of the Immigration and Nationality Act (8 U.S.C. 1432) is repealed.

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