sec. 322 foreign-adopted/foreign-residing derivation

INA §322 = 8 USC §1433 is the application-based derivation route for children who reside outside the United States, enacted by the Child Citizenship Act of 2000 (Pub. L. 106-395, effective 27 Feb 2001). Its key distinction from INA §320 = 8 USC §1431 (automatic derivation) is that it does NOT operate automatically; it requires a discretionary USCIS adjudication and temporary physical presence in the U.S. for an interview. The route is primarily used for: (a) children born abroad who have not yet immigrated as LPRs; (b) internationally adopted children who are living abroad with a U.S.-citizen adoptive parent; and (c) children living abroad with a USC parent who wish to document citizenship before immigrating as LPRs. The child must be under 18 at the time the certificate is issued. The U.S.-citizen parent (or, in the parent's absence, a U.S.-citizen grandparent who stands in loco parentis) must have been physically present in the U.S. for at least 5 years, of which at least 2 were after the parent's 14th birthday — the same formula as INA §301(g) = 8 USC §1401(g) for one-parent abroad acquisition at birth. As of 2026-06-01, INA §322 is operative, established by the CCA-2000 framework, and USCIS continues to process N-600K applications.

The physical-presence requirement in §322 falls on the U.S.-citizen parent (or grandparent), not on the child. INA §322 imports the INA §301(g) = 8 USC §1401(g) physical-presence formula by reference: the parent must have been physically present in the United States or its outlying possessions for 5 years, of which at least 2 were after the parent's 14th birthday. This is the same formula as the one-parent abroad-acquisition rule of §301(g) for births on/after 14 Nov 1986. For parents born before 14 Nov 1986, the pre-1986 §301(g) formula (10 years / 5 after-14) governed the parent's OWN acquisition, but for purposes of computing the parent's physical-presence showing FOR §322 purposes, USCIS applies the §301(g) formula as currently in force (5/2-after-14) — practitioners must confirm the USCIS-PM interpretation for older-cohort parents. The physical presence need not be continuous; it may be aggregated across multiple periods of U.S. presence. U.S. military service or qualifying U.S.-government employment abroad counts as U.S. physical presence for §301(g) / §322 purposes per the USCIS-PM. The child's own physical presence is limited to the requirement of being lawfully in the U.S. for the interview; there is no residence or extended-stay requirement for the child under §322.

The primary form is Form N-600K (Application for Citizenship and Issuance of Certificate Under Section 322), filed by the U.S.-citizen parent (or grandparent, if applicable) with USCIS at the National Benefits Center. Fee: $1,385 (paper) / $1,335 (online) per 89 FR 6194 (eff. 1 Apr 2024; USCIS G-1055). If the child needs to enter the U.S. for the interview on a B-2 visitor visa, the nonimmigrant visa application form is DS-160 (online), and the MRV fee is $185 per DOS fee schedule as of 2026-06-01. If approved, USCIS issues Form N-560 (Certificate of Citizenship). For a subsequent first U.S. passport, the child files Form DS-11 at a DOS passport acceptance facility. If denied, Form I-290B (Notice of Appeal or Motion) initiates AAO review. A federal court complaint invoking INA §360 = 8 USC §1503 is the de novo judicial remedy for denied nationality claims. NOTE: Form N-600 (not N-600K) is the correct form for documenting automatic derivation under §320 = 8 USC §1431 (US-ADP-01) — do NOT confuse the two forms. Foreign documents require certified English translations; original or certified copies are required; apostille authentication may be needed (U.S. party to the Hague Apostille Convention since 15 Oct 1981).

The §322 procedure proceeds as follows: (1) The U.S.-citizen parent (or grandparent, if applicable) files Form N-600K (Application for Citizenship and Issuance of Certificate Under Section 322) with USCIS at the National Benefits Center (not at a U.S. consular post abroad). The $1,385 (paper) / $1,335 (online) filing fee applies (89 FR 6194, effective 1 Apr 2024; USCIS G-1055). (2) USCIS reviews the application for completeness. (3) USCIS schedules an interview appointment at a USCIS field office in the U.S. The parent must bring the child to the U.S. for the interview; the child must be in lawful immigration status at the time. (4) At the interview, USCIS reviews all evidence. If the child is age 14 or older and capable of understanding, USCIS may administer the oath of allegiance (INA §337 = 8 USC §1448 and 8 CFR §337.1); children under 14 are generally exempt. (5) If approved, USCIS issues the Certificate of Citizenship (Form N-560). Citizenship is conferred upon approval and oath (if applicable), NOT by operation of law as in §320. (6) The child departs the U.S. after the interview and certificate issuance; no requirement to remain. (7) If denied, the parent may appeal to the AAO on Form I-290B or seek judicial review under INA §360 = 8 USC §1503.

Government fees as of 2026-06-01: the Form N-600K filing fee is $1,385 (paper) / $1,335 (online), effective 1 Apr 2024 per the USCIS 2024 Final Fee Rule (89 FR 6194; USCIS G-1055 Fee Schedule). A fee waiver (Form I-912) is available for applicants who demonstrate inability to pay, but this is discretionary. Travel costs are not covered by USCIS and can be substantial for families residing abroad — round-trip airfare and accommodation for the child and accompanying parent to travel to a U.S. USCIS field office for the interview is the principal additional cost. If the child needs a U.S. visitor visa (B-1/B-2) to enter the U.S. for the interview, the nonimmigrant visa application fee (Form DS-160, MRV fee of $185 as of 2026-06-01 per DOS fee schedule) applies separately. After the certificate is issued, a first U.S. passport for the child (Form DS-11) carries DOS fees set by 22 CFR §22.1 (travel.state.gov, updated 19 Mar 2026), as of 2026-06-01: for a child under 16, $100 (application) + $35 (execution) = $135; for an applicant aged 16, the book is $130 (application) + $35 (execution) = $165, with an optional $60 expedite fee, $22.05 for 1-3 day delivery, and a $150 file-search fee where applicable. No N-400 naturalization fee ($760 paper / $710 online per 89 FR 6194) applies because §322 derivation is not naturalization — citizenship is derived through the certificate issuance process. NOTE: per 89 FR 6194, the N-600K fee and the N-600 fee are both $1,385 (paper) / $1,335 (online); CLN administrative fee is $450 (91 FR 12296, eff. 13 Apr 2026, VC-01) — unrelated to this route but cited for contextual accuracy.

The governing statute is INA §322 = 8 USC §1433, as amended by the Child Citizenship Act of 2000 (Pub. L. 106-395, 114 Stat. 1631, effective 27 Feb 2001). Section 1433(a) sets the basic conditions: the child must be under 18, in the legal and physical custody of a U.S.-citizen parent, and either a lawful permanent resident or about to become one. Section 1433(b) provides that the child must be lawfully present in the United States at the time of the certificate application. Section 1433(c) specifies the grandparent alternative when the U.S.-citizen parent is absent. The physical-presence formula is imported by reference from INA §301(g) = 8 USC §1401(g): 5 years total physical presence in the U.S., at least 2 of which were after the parent's 14th birthday. The CCA-2000 repealed the former INA §321 (pre-CCA automatic derivation on naturalization of parent) and established the current §320/§322 two-track framework. USCIS-PM Vol. 12, Part H, Chapter 1 describes the §322 application framework and the distinction from automatic §320 derivation. Implementing regulations are at 8 CFR Part 322 and 8 CFR §341.2. Form N-600K is the application form; the filing fee is $1,385 (paper) / $1,335 (online) per the USCIS 2024 Final Fee Rule (89 FR 6194, effective 1 Apr 2024; USCIS G-1055). Dual-citation is critical: INA §322 = 8 USC §1433 (not to be confused with INA §320 = 8 USC §1431).

If a §322 application is denied by USCIS, the applicant may file an appeal with the USCIS Administrative Appeals Office (AAO) on Form I-290B. The AAO applies a de novo standard of review on legal questions and a substantial-evidence standard on factual findings. If the AAO affirms the denial, the applicant may seek judicial review in federal district court under INA §360 = 8 USC §1503, which provides a declaratory-judgment action specifically for nationality denials. The district court review under §1503 is de novo: the court is not limited to the administrative record and may consider new evidence on the nationality question. If the §322 issue arises in a removal proceeding (e.g., a person challenges removal by claiming derivative citizenship), the immigration judge has authority to adjudicate the nationality claim under INA §240 = 8 USC §1229a, but if the court finds a genuine issue of nationality, it must transfer the case to federal district court under INA §360(b) = 8 USC §1503(b). The burden of proof on the applicant throughout is preponderance of the evidence (8 CFR §341.2). There is a 5-year limitations period for the §1503 declaratory-judgment action from the final administrative denial.

INA §322 includes a grandparent alternative under §1433(c): if the U.S.-citizen parent is absent from the U.S. or is otherwise unable to bring the child to the U.S. for the interview, a U.S.-citizen grandparent who is standing in loco parentis may file the N-600K application, provided the grandparent meets the same 5-year/2-after-14 physical-presence test. This accommodates cases where the citizen parent is deceased, incapacitated, or otherwise unavailable. The child need not be an LPR at the time of filing; §1433(b) provides that the child may be 'lawfully admitted temporarily to the United States' for the interview, though USCIS guidance notes that LPR status is typically required for the certificate to issue. The 2020 amendment to INA §320(c) (eff. 26 Mar 2020) addressed a partially overlapping population — children residing abroad with a parent on qualifying U.S. government/military service — by providing AUTOMATIC derivation for that cohort without requiring a §322 application; §322 remains the route for children who do not qualify under §320(c)'s automatic operation. No oath is required for children under 14; children 14 or older who are capable of understanding may be required to take the oath of allegiance at the interview.