United States

INA sec. 322 = 8 USC sec. 1433 provides an APPLICATION-based (not automatic) route via Form N-600K for a child residing OUTSIDE the U.S. to obtain a certificate of citizenship, where a USC parent (or qualifying USC grandparent) meets a 5-years/2-after-14 physical-presence requirement, the child is in the parent's legal and physical custody, is lawfully present for the interview, and is under 18. Framework set by the CCA-2000 (eff. 27 Feb 2001); contrasts with the automatic operation of sec. 320.

This route clarifies bilateral/associated-state nationality frameworks that are commonly mistaken for citizenship grants. Philippine-born persons held U.S. non-citizen national status while the Philippines was a U.S. possession (11 Apr 1899 onward); that status TERMINATED on 4 Jul 1946 with independence (Proclamation 2695, NOT 1934/1935 Commonwealth, VC-05), so no new claim arises for births on/after 4 Jul 1946. The Compacts of Free Association (RMI/FSM/Palau; renewed for RMI/FSM by Pub. L. 118-42, 2024) grant migration/work rights as nonimmigrants but NOT U.S. citizenship or LPR, and COFA residence does NOT count toward the INA sec. 316 clock (VC-04). Canal Zone births 26 Feb 1904 - 1 Oct 1979 form a closed sec. 1403 cohort (Zone ended 31 Dec 1999).

A person born in the United States and subject to the jurisdiction thereof is a U.S. citizen at birth under the 14th Amendment Citizenship Clause, operationalized by INA sec. 301(a) = 8 USC sec. 1401(a). Wong Kim Ark (1898) confirms broad jus soli for children of domiciled non-diplomatic, non-hostile-occupier aliens. EO 14160 (20 Jan 2025) purports to narrow 'subject to the jurisdiction' but is BLOCKED nationwide and has NEVER taken effect as of 2026-06-01; the 14th Am + Wong Kim Ark + sec. 1401(a) remain controlling.

Persons born in Puerto Rico (sec. 1402, citizens at birth on/after 13 Jan 1941), Guam (sec. 1407, collective grant eff. 1 Aug 1950), the U.S. Virgin Islands (sec. 1406, statutory pivot 25 Feb 1927), and the CNMI (Covenant sec. 301, eff. 4 Nov 1986) are U.S. citizens at birth by STATUTE (not the 14th Amendment), framed by the Insular Cases. Canal Zone births 26 Feb 1904-1 Oct 1979 form a closed sec. 1403 historical cohort.

Persons born in an 'outlying possession' (American Samoa and Swains Island) acquire U.S. NATIONALITY but NOT citizenship at birth under INA sec. 308 = 8 USC sec. 1408(1); they owe permanent allegiance to the U.S. Fitisemanu (10th Cir. 2021, cert. denied 2022) and Tuaua (D.C. Cir. 2015) hold American Samoans are not 14th-Amendment birthright citizens, leaving sec. 1408 status intact. The principal bridge to citizenship is naturalization under INA sec. 325 = 8 USC sec. 1436 after residence in a U.S. State.

A child born abroad to one U.S.-citizen parent and one alien parent acquires citizenship at birth under INA sec. 301(g) = 8 USC sec. 1401(g) if the USC parent met an ERA-FIXED physical-presence test: 5 years (2 after age 14) for births on/after 14 Nov 1986; 10 years (5 after age 14) for births 24 Dec 1952-13 Nov 1986. Two-USC-parent births fall under sec. 301(c) (one parent prior U.S. residence, no durational test). Rogers v. Bellei holds statutory jus-sanguinis citizenship is not 14th-Am-protected (former retention condition repealed prospectively by Act of 10 Oct 1978, Pub. L. 95-432 — distinct from the 1994 INTCA restoration).

INA sec. 309(c) governs out-of-wedlock transmission by a USC mother (1-year continuous physical presence, for births 24 Dec 1952-11 Jun 2017); sec. 309(a) governs USC-father transmission (clear-and-convincing blood relationship, support agreement, legitimation/acknowledgment before age 18). Morales-Santana (12 Jun 2017) held the gender-differential physical-presence rule unconstitutional and leveled UP to the uniform sec. 301(g) rule prospectively for births on/after 12 Jun 2017 (NOT down to the 1-year mother rule); the father-acknowledgment conditions of sec. 309(a) were left undisturbed. No legislative remediation as of 2026-06-01.

A child born abroad to TWO U.S.-citizen parents acquires citizenship at birth under INA sec. 301(c) = 8 USC sec. 1401(c) provided at least one parent had a residence in the U.S. or its outlying possessions prior to the birth — with NO durational physical-presence test (contrast sec. 301(g)). This is the lowest-burden descent route. Foundlings discovered in the U.S. under age 5 are citizens under sec. 301(f) unless shown before age 21 not to have been born in the U.S.

Pre-INA acquisition-at-birth-abroad is era-layered: before noon EST 24 May 1934, R.S. sec. 1993 permitted father-only transmission (Montana v. Kennedy confirms a 1906 birth to a USC mother did NOT transmit); the Act of 24 May 1934 first allowed USC mothers to transmit (with retention provisos) for births 24 May 1934-12 Jan 1941; the Nationality Act of 1940 sec. 201(g)-(h) imposed a 10yr/5-after-16 test plus a 5-of-13-to-21 retention requirement for births 13 Jan 1941-23 Dec 1952. INA sec. 301(h) preserves pre-1934 maternal claims; NA-1940 retention provisos were abolished prospectively by the Act of 10 Oct 1978 (Pub. L. 95-432). Historical-cohort claims are still adjudicated under the era statutes.

The historical naturalization regime ran 1790->1952: the 1790 Act (free-white, 2-yr residence) was repealed by the 1795 Act (5 yr + declaration), then the 1798 Act (14 yr) and the 1802 Act (restoring the 5-yr baseline that endures in INA sec. 316). The 1870 Act extended naturalization to persons of African descent but not Asian descent; the Chinese Exclusion Act 1882 sec. 14 barred Chinese naturalization (repealed 1943). The Cable Act 1922 partially ended marital expatriation (racial coverture vestige until 1934, VC-12). The 1906 Act created the federal Bureau and the English requirement. NA-1940 consolidated nationality law before the INA 1952 superseded it; racial bars were fully removed by INA 1952 sec. 311. This is a closed historical regime; modern eligibility flows from INA sec. 316.

The Indian Citizenship Act of 1924 (Snyder Act, 43 Stat. 253, Pub. No. 175 per VC-07) conferred U.S. citizenship on all non-citizen Indians born within the territorial limits of the U.S., expressly preserving tribal/property rights, statutorily superseding Elk v. Wilkins (1884). It is carried forward as INA sec. 301(b) = 8 USC sec. 1401(b): a person born in the U.S. to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe is a citizen at birth with tribal/property rights unimpaired. Distinct from the Jay Treaty border-crossing framework (US-IND-01).

INA sec. 289 = 8 USC sec. 1359 (implementing Jay Treaty 1794 Art. III via the Act of 2 Apr 1928) gives American Indians born in Canada with at least 50% American Indian blood the right to freely cross the U.S.-Canada border and to be treated as lawfully admitted for permanent residence (an LPR record), NOT automatic U.S. citizenship. Any naturalization proceeds via the ordinary sec. 316 route after the sec. 1359 LPR record is established. U.S. citizenship for U.S.-born Native Americans (sec. 1401(b)) coexists with tribal enrollment, which each sovereign tribe determines and which sec. 1401(b) expressly leaves unimpaired.

There is NO U.S. citizenship-by-investment (CBI) program (

General naturalization under INA sec. 316(a) = 8 USC sec. 1427(a) requires 5 years continuous residence as an LPR immediately preceding the application, physical presence at least half that period (>=30 months), residence within the State/USCIS district at least 3 months before filing (reduced from 6 to 3 months by the 1990 Act), and good moral character/attachment to the Constitution throughout. Absences >6 months but <1 year raise a rebuttable presumption of break; >=1 year breaks continuity (absent N-470). English + civics (sec. 312) required, with a current dual-track civics test (2008 legacy vs 2025 test, filing-date pivot 20 Oct 2025). The N-400 fee is $760 paper / $710 online / $380 reduced (eff. 1 Apr 2024). Oath under sec. 337 required.

Naturalization as the spouse of a U.S. citizen under INA sec. 319(a) = 8 USC sec. 1430(a) reduces the LPR continuous-residence requirement to 3 years, provided the applicant lived in marital union with the citizen spouse for the entire 3-year period and the spouse was a U.S. citizen throughout. A VAWA exception for abused spouses was added by Pub. L. 106-386 (2000), and a military-spouse-abroad provision (sec. 1430(e)) by Pub. L. 110-181 (eff. 28 Jan 2008). The sec.

Peacetime military naturalization under INA sec. 328 = 8 USC sec. 1439 permits naturalization for a person who served honorably in the U.S. armed forces for an aggregate of at least 1 year, with waiver of the general continuous-residence and physical-presence requirements if filed while in service or within 6 months of separation (service period reduced 3 -> 1 year by Pub. L. 108-136, retroactive to 11 Sep 2001). The D.D.C. MAVNI trilogy (Kirwa/Nio/Samma) established DOD must certify honorable-service Form N-426 and vacated the 'Minimum Service Requirements' — the MAVNI restriction was DOD policy, NOT a statutory bar (VC-13).

Wartime military naturalization under INA sec. 329 = 8 USC sec. 1440 permits naturalization of a person who served honorably in active-duty status during a Presidentially-designated period of hostilities, with NO minimum service and NO residence/physical-presence requirement; the operative designation is EO 13269 (3 Jul 2002), covering service from 11 Sep 2001 to a date to be fixed by future EO (still OPEN as of 2026-06-01). Sec. 329(c) allows revocation if the person separates other-than-honorably before 5 years' honorable service. Posthumous naturalization under sec. 329A = 8 USC sec. 1440-1 grants citizenship retroactive to death for a service member who died of service-connected injury/disease, on next-of-kin application within 2 years. Overseas naturalization for members and families is authorized by 8 USC sec. 1443a (eff. 1 Oct 2004).

This is a WATCH route tracking the class of children potentially affected by EO 14160 ('Protecting the Meaning and Value of American Citizenship,' signed 20 Jan 2025), which purports to deny birthright citizenship to children of undocumented or lawful-temporary-status parents. The EO is BLOCKED nationwide and has NEVER taken effect. Trump v. CASA (27 Jun 2025) decided universal-injunction SCOPE only; the nationwide block runs via the Barbara (D.N.H.) class PI; the 9th Circuit held the EO unconstitutional on the merits. The merits are PENDING at SCOTUS (Trump v. Barbara No. 25-365; argued 1 Apr 2026; decision expected ~late June/July 2026) — unresolved legal question, the outcome MUST NOT be predicted. Until SCOTUS rules, the 14th Amendment + Wong Kim Ark + sec. 1401(a) remain the controlling, operative law (i.e., US-BTH-01 governs).

INA sec. 324 = 8 USC sec. 1435 is the NARROW resumption statute and the only 'former-citizen regaining citizenship' provision in the INA: sec. 324(a) covers women who lost citizenship solely by marriage (pre-1922 / racial coverture vestige) via oath; sec. 324(c) covers loss by foreign-state service; sec. 324(d) (INTCA 1994) addresses other former-citizen reacquisition. There is NO general residency-based 'restoration' route — the v1 framing was WRONG (RST reframe sec. 4.7). A person who voluntarily relinquished (Afroyim/Vance) must re-naturalize under sec. 316 unless DOS finds nationality was never lost for want of intent.

Civil denaturalization under INA sec. 340(a) = 8 USC sec. 1451(a) authorizes a U.S. district court to revoke naturalization 'illegally procured or procured by concealment of a material fact or by willful misrepresentation.' Maslenjak (2017) holds that to revoke under criminal 18 USC sec. 1425(a) the government must prove the illegal act actually played a causal/material role in the naturalization decision; Kungys (1988) supplies the civil 'natural tendency to influence' materiality test. The DOJ Civil Division 11 Jun 2025 memo (Shumate) elevated civil denaturalization to a top enforcement priority, making reversal/defense a materially more probable scenario than in prior builds.

The Refugee Act of 1980 established the modern framework (INA secs. 101(a)(42), 207, 208, 209). A refugee (sec. 207) or asylee (sec. 208) may adjust to LPR under sec. 209 after 1 year of physical presence, then naturalize under sec. 316 — with the LPR date rolled back (refugees to date of admission; asylees to 1 year before adjustment) for the 5-year clock. The U.S.

The Cuban Adjustment Act of 1966 permits a native or citizen of Cuba (and accompanying spouse/child) who was inspected-and-admitted or paroled and physically present in the U.S. for at least 1 year to apply for adjustment to LPR at the Attorney General's discretion, without any showing of persecution. It is an adjustment-to-LPR statute, not a direct citizenship grant; CAA-derived LPR counts toward the ordinary INA sec. 316 5-year (or sec. 319 3-year) naturalization clock on the same terms as any other LPR. CAA remains operative (not repealed) as of 2026-06-01.

NACARA (1997) provided two forms of relief: sec. 202 adjustment of status for certain Nicaraguans and Cubans (presence cutoff 1 Dec 1995), and sec. 203 suspension-of-deportation / special-rule cancellation for certain Guatemalans, Salvadorans, and former-Soviet-bloc nationals (tied to ABC-class and asylum-application dates). It leads to LPR then naturalization. It is a fixed-population program closed to new primary applicants in 2026, though sec. 203 remains referenced in current USCIS guidance.

Registry under INA sec. 249 = 8 USC sec. 1259 allows certain non-citizens who have continuously resided in the U.S. since before 1 Jan 1972 (the current fixed cutoff) to be granted a record of lawful admission for permanent residence at the Attorney General's discretion, despite an otherwise irregular status. It is an LPR-conferring adjustment mechanism keyed to the pre-1972 cutoff, not a direct citizenship grant; naturalization follows under sec. 316. NOTE: this route's distinct ET assertion coverage is thin and registry-cutoff/eligibility detail should be deepened with a primary sec.

The Haitian Refugee Immigration Fairness Act of 1998 (HRIFA; 8 CFR sec. 245.15, eff. 12 May 1999) allowed certain Haitian nationals present in the U.S. before 31 Dec 1995 to adjust to LPR. The PRINCIPAL-applicant filing deadline (31 Mar 2000 / 1 Apr 2000) is CLOSED, but the DEPENDENT pathway (spouses, children, and unmarried sons/daughters of HRIFA principals) REMAINS OPEN per USCIS as of 8 Jul 2025 (VC-10, corrects v1 'closed' framing). HRIFA leads to LPR then ordinary naturalization under sec. 316. The adjacent LIFE Act sec. 245(i) grandfathered adjustment (petitions on/before 30 Apr 2001) is a related but distinct mechanism documented here as context.

VAWA self-petitioners (abused spouses/children/parents of U.S. citizens or LPRs), U-nonimmigrants (INA sec. 101(a)(15)(U), crime victims), and T-nonimmigrants (INA sec. 101(a)(15)(T), trafficking victims) — frameworks established by the Trafficking Victims Protection Act 2000 (Pub. L. 106-386) and VAWA — are humanitarian LPR pathways. Each leads to LPR and then ordinary naturalization under INA sec. 316 (VAWA self-petitioners may use the sec. 319(a) 3-year track in qualifying cases); none is a direct citizenship grant. NOTE: TPS and DACA are NOT citizenship pathways (US-ASSERT-081) and confer no LPR or independent naturalization route.