Certification of Citizenship under INA §322

Sec. 322. [8 U.S.C. 1433]

Children of USCs may obtain s certificate of citizenship upon application of the USC parent if all of the following conditions are met:

  1. One parent is a USC;
  2. The child is physically present in the U.S. (through awful admission and is in status);
  3. The child is under 18;
  4. The child is residing outside of the United States in the legal and physical custody of the USC parent;
  5. Parent holding custody has been in U.S. 5 years (2 of which were after parent’s 14th birthday)

Death of USC Parent

A child may still obtain a certificate where the citizen parent died within 5 years and there is a citizen grandparent or citizen legal guardian. Grandparent must also have been in U.S. 5 years (2 of which were after grandparent’s 14th birthday).