Child Citizenship: INA §320 & §322, N-600 & N-600K

TL;DR

Two Immigration and Nationality Act (INA) sections govern how children born outside the United States acquire U.S. citizenship through a U.S. citizen parent. INA §320 (8 U.S.C. §1431), as amended by the Child Citizenship Act of 2000 (P.L. 106-395) and the Citizenship for Children of Military Members and Civil Servants Act (P.L. 116-133, March 26, 2020), provides AUTOMATIC citizenship acquisition when three conditions are met: (1) at least one parent is a U.S. citizen by birth or naturalization; (2) the child is under 18 years of age; and (3) the child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence. The 2020 amendment extended §320 to children residing WITH a U.S. citizen parent who is stationed outside the United States as a member of the U.S. Armed Forces or a U.S. government employee. Section 320 citizenship is automatic — no application is required, though Form N-600 can be filed to obtain a Certificate of Citizenship for documentation. INA §322 (8 U.S.C. §1433) covers a different category — children born and RESIDING outside the United States who acquire citizenship through Form N-600K, requiring the U.S. citizen parent (or U.S. citizen grandparent) to have at least 5 years of physical presence in the U.S. with at least 2 of those years after age 14.

The two paths: automatic (§320) versus application (§322)

The core distinction between INA §320 and INA §322 is WHERE the child is residing. Under INA §320, if the child has been lawfully admitted for permanent residence and is residing in the United States in the legal and physical custody of a U.S. citizen parent, citizenship is acquired AUTOMATICALLY as a matter of law. No application to USCIS is required. The child becomes a citizen the moment all three §320 conditions are simultaneously met. If a lawful permanent resident (LPR) child under 18 already lives with a U.S. citizen parent when that parent naturalizes, the child becomes a citizen on the naturalization date without any further action.

INA §322 addresses children who have not moved to the United States permanently — children born and residing outside the U.S. Because §320's residence requirement is not met, §322 provides an alternative path: the U.S. citizen parent (or citizen grandparent) files Form N-600K on the child's behalf, brings the child to the United States temporarily pursuant to lawful admission, and the child takes the oath of allegiance (if age 14 or older). Section 322 citizenship is NOT automatic — the child does not become a citizen until USCIS approves the N-600K process and the child completes the required steps, generally including temporary lawful presence in the United States and the oath if age 14 or older. For related state-specific frameworks that intersect with citizenship acquisition, see our Continuous residence and physical presence guide.

The three conditions of INA §320

Section 320 requires all three of these conditions to be satisfied simultaneously for automatic citizenship acquisition to occur:

The three conditions are cumulative. Missing any one leaves the child ineligible for §320 automatic acquisition. A common failure mode: a child who was an LPR living in the U.S. with a citizen parent turned 18 last month. Even if the parent naturalizes the following week, the child cannot acquire under §320 because condition 2 (under 18) is no longer met at the moment the parent becomes a citizen.

The 2020 military and civil servant amendment

On March 26, 2020, the Citizenship for Children of Military Members and Civil Servants Act (P.L. 116-133) amended §320 to address an interpretive gap that had emerged in 2019. Before October 2019, USCIS treated children of U.S. military and government employees stationed abroad as satisfying the "residing in the United States" requirement of §320 — the interpretation aligned with the naturalization-context treatment of government service under §316(b). In October 2019, USCIS reversed this interpretation and held that children physically residing outside the U.S. with military or government-employee parents were NOT eligible for §320 automatic acquisition.

The 2020 Act restored eligibility for these children through a statutory amendment. Under the amended §320, a child residing with a U.S. citizen parent who is stationed outside the United States as a member of the U.S. Armed Forces OR as an employee of the U.S. government is treated as "residing in the United States" for §320 purposes. The child must be authorized to accompany the service member/employee and reside abroad pursuant to the parent's official orders. This restoration applies to eligible children who were under age 18 on March 26, 2020. The amendment also covers certain children residing abroad with a U.S. citizen parent who is residing in marital union with a U.S. Armed Forces member or qualifying U.S. government employee stationed abroad under official orders.

Form N-600: documenting §320 citizenship

A child who acquires citizenship automatically under §320 has no legal need to apply for anything — the citizenship exists as a matter of federal law. In practice, however, most parents file Form N-600 (Application for Certificate of Citizenship) so the child has an official USCIS document confirming citizenship. The Certificate of Citizenship supplements or substitutes for a U.S. passport in situations where the child's citizenship needs proof (school enrollment, employment eligibility verification, driver's license applications in some states). A child with §320 citizenship can also apply directly for a U.S. passport with the Department of State using evidence of §320 acquisition (parent's naturalization certificate, child's LPR card, evidence of custody and residence). Many parents choose the passport-only route for cost and convenience; others file the N-600 because a Certificate of Citizenship never expires while a passport does.

Form N-600 filing requires proof of each §320 condition: parent's U.S. citizenship (naturalization certificate, birth certificate, or U.S. passport), child's under-18 age (birth certificate), child's LPR status (Permanent Resident Card), and child's legal and physical custody and residence with the citizen parent (school records, medical records, tax returns showing the child as a dependent, custody orders where applicable). The N-600 filing fee is set by USCIS and is typically over $1,000; the exact current fee is on the USCIS website. Adopted children must additionally provide documentation showing the adoption is final under §101(b)(1) of the INA.

INA §322 for children residing abroad

INA §322 covers a different scenario: a U.S. citizen parent lives abroad with their child, and the parent wants the child to acquire U.S. citizenship without permanently relocating the family to the United States. Section 322 permits the parent to file Form N-600K on the child's behalf. The child must meet these requirements:

U.S. citizen parent's physical presence. The U.S. citizen parent must have been physically present in the United States or its outlying possessions for at least 5 years, with at least 2 of those years after attaining age 14. If the parent cannot meet this requirement, the child may rely on the physical presence of a U.S. citizen grandparent. The grandparent must meet the same 5-year / 2-after-14 physical-presence rule. If the grandparent is deceased, the grandparent must have been a U.S. citizen and met the physical-presence requirement before the grandparent's death. If the U.S. citizen parent has died, special filing rules apply, including a 5-year filing window after the parent's death.

Age and custody. The child must be under 18 years of age and in the legal and physical custody of the U.S. citizen parent (or legal guardian if the parent is deceased).

Temporary lawful presence in U.S. The child must be temporarily present in the United States pursuant to a lawful admission — typically a B-2 visitor visa or ESTA visa waiver entry. Unlike §320, the child does NOT need to be an LPR; the child comes to the U.S. temporarily for the naturalization process and returns abroad with the parent afterward.

Oath of allegiance. If the child is age 14 or older, they must take the oath of allegiance. USCIS generally waives the oath for children under age 14.

Special provisions apply when the citizen parent is deceased: a citizen grandparent or legal guardian may file the N-600K on the child's behalf if filing occurs within the 5-year filing window after the parent's death. For related state-specific frameworks that intersect with military-family naturalization, see our Military naturalization INA §328/§329 guide.

Section 322 versus §320: side-by-side

Frequently Asked Questions

Does my child automatically become a citizen when I naturalize?

Yes, if all three §320 conditions are met at the moment of naturalization. That means (1) you are becoming a U.S. citizen (satisfied at naturalization), (2) your child is under 18, and (3) your child is a lawful permanent resident residing in the U.S. in your legal and physical custody. If all three conditions align at the time of your naturalization ceremony, your child acquires citizenship automatically on that date. If the child is not yet an LPR, or is 18 or older, or lives with a different parent, §320 acquisition does not occur — a separate path (adjustment of status, N-600K, or later naturalization) would be required.

What if my child is an LPR living in the U.S. with me but I am a citizen through birth abroad?

Section 320 does not distinguish between how the parent obtained citizenship. If you are a U.S. citizen by birth (whether in the U.S. or abroad to a U.S. citizen parent), by naturalization, or through any other statutory path, and your under-18 LPR child resides with you in the U.S. in your legal and physical custody, the child acquires citizenship automatically under §320. The pre-2000 rules that formerly limited automatic citizenship for certain out-of-wedlock or adoptive scenarios were substantially simplified by the Child Citizenship Act of 2000.

Does my child need a Certificate of Citizenship if we plan to get them a U.S. passport?

Not strictly. A U.S. passport is evidence of citizenship for most everyday purposes and can be obtained by presenting evidence of §320 acquisition (parent's proof of citizenship, child's LPR card, evidence of custody and residence) to the Department of State. However, U.S. passports expire, and a Certificate of Citizenship (Form N-600) never expires. Many parents file the N-600 as a one-time permanent record; others rely on passports and renew them as needed. If the child will attend school or seek employment in the U.S. before obtaining a passport, the N-600 provides a durable proof of citizenship for I-9 verification and similar purposes.

My spouse and I are U.S. citizens stationed abroad with the military. Does our child qualify for §320?

Yes, if the child resides with you and you are stationed abroad as a member of the U.S. Armed Forces or as an employee of the U.S. government. The 2020 amendment (P.L. 116-133) extended §320 to reach these children, effective March 26, 2020. The child must be authorized to accompany you and reside abroad pursuant to your official orders. Spouses of service members or government employees also qualify for the extension. The child still must meet the other §320 conditions: under 18, at least one U.S. citizen parent, and legal/physical custody of the citizen parent.

What is the difference between §320 and §322 in practical terms?

Section 320 applies when the child ALREADY LIVES IN THE UNITED STATES as an LPR. Citizenship is automatic — no application required, though N-600 can document it. Section 322 applies when the child LIVES OUTSIDE THE UNITED STATES with a U.S. citizen parent who wants the child to become a citizen without the family relocating permanently. The N-600K must be filed, the child comes to the U.S. temporarily for the process, and citizenship becomes effective after USCIS approval and completion of the required §322 process, including the oath if required. Section 322 also requires proof of the parent's or grandparent's 5-year U.S. physical presence with 2 years after age 14 — a requirement §320 does not impose.

What if my child turns 18 tomorrow and I have not naturalized yet?

Then §320 automatic acquisition is unavailable once the child turns 18 — condition 2 (under 18) fails. The child would need to pursue independent naturalization under INA §316 after obtaining LPR status (5 years continuous residence, physical presence, good moral character, English, civics). Certain expedited paths may apply for military service (§328/§329) or spouses of U.S. citizens (§319), but the child cannot rely on the parent's later naturalization to trigger derivative citizenship. Timing matters: parents whose children are approaching 18 should file N-400 well in advance so the naturalization ceremony precedes the child's 18th birthday.

Bottom Line

Two INA sections govern citizenship acquisition for children of U.S. citizens born abroad. INA §320 (8 U.S.C. §1431), as amended by the Child Citizenship Act of 2000 (P.L. 106-395) and the 2020 Military and Civil Servant Act (P.L. 116-133), provides AUTOMATIC citizenship when three conditions are met simultaneously: (1) at least one U.S. citizen parent (birth or naturalization), (2) child under 18, (3) child residing in the U.S. in legal and physical custody of the citizen parent pursuant to LPR admission. The 2020 amendment extended §320 to children residing with a citizen parent stationed abroad as U.S. military or government employee. Section 320 citizenship is automatic — no application required — but Form N-600 (Certificate of Citizenship) can be filed to document it. INA §322 (8 U.S.C. §1433) covers children BORN AND RESIDING abroad; requires Form N-600K, the U.S. citizen parent (or grandparent) with at least 5 years U.S. physical presence including 2 years after age 14, child under 18 in the parent's legal and physical custody, and child temporarily present in the U.S. pursuant to lawful admission. Oath of allegiance required if child is 14 or older. All three §320 conditions must be simultaneously satisfied — a child who turns 18 before conditions align cannot acquire under §320 and must pursue independent naturalization. For related citizenship frameworks, see our Continuous residence and physical presence guide, our Military naturalization INA §328/§329 guide, our Naturalization interview guide, and our Form N-400 application walkthrough.

Source: USCIS Policy Manual Volume 12, Part H — Children of U.S. Citizens · 8 U.S.C. §1431 — INA §320 Child Citizenship Act automatic acquisition · Citizenship for Children of Military Members and Civil Servants Act (P.L. 116-133)