71.1 Acquisition and Derivation. Adjudicators Field Manual
(a) Introduction . (revision dated 07/18/2005)
In addition to the naturalization process, the United States recognizes the U.S. citizenship of
individuals gained through other means. A Certificate of Citizenship documents citizenship that
is obtained other than through birth in the United States or naturalization under section 310 of
the Act.
Form N-600 Application for Certificate of Citizenship is used to request the Certificate of
Citizenship provided for in section 341 of the Act. Form N-643 was created after Congress
provided for the naturalization of adopted children in 1986. The Child Citizenship Act of 2000
(CCA), P.L.106-395 , became effective on February 27, 2001 and led to revisions to the forms
to apply for Certificates of Citizenship.
Application and petition forms, and documents issued to support an application or petition, such
as Form I-130 Petition for Alien Relative, labor certifications, Form DS 2019, medical
examinations, affidavits, formal consultations, letters of current employment and other
statements, must be submitted in the original unless previously filed with USCIS. Official
documents issued by the USCIS need not be submitted in the original unless required by
USCIS. Unless otherwise required by the applicable regulation or form's instructions, a legible
photocopy of any other supporting document may be submitted. (This paragraph added
07/18/2005.)
USCIS may, at any time, request submission of an original document for review. The request
will state a deadline for submission of the original document. Failure to submit the requested
original document by the deadline may result in denial or revocation of the underlying
application or benefit. An original document submitted in response to such a request, when no
longer required by USCIS, will be returned to the petitioner or applicant upon completion of the
adjudication. If USCIS does not return an origi nal document within a reasonable time after
completion of the adjudication, the petitioner or applicant may request return of the original
document by submitting a properly completed and signed G-884 to the adjudicating USCIS
office. (This paragraph added 07/18/2005.)
Please note that it is up to the applicant to establish eligibility for the Certificate of Citizenship. In
general, issuance of the certificate provides evidence of U.S. Citizenship vested in the applicant.
Denial of an application does not necessarily mean that the applicant is not a citizen. The
evidence submitted in support of the application may not have been sufficient. Proper evidence
may establish otherwise.
This chapter will discuss the definition of "child" for naturalization purposes, the acquisition and
derivation of citizenship, applicable laws, references and forms used, and the adjudication on/of
the applications.
(b) Definition of Child for Naturalization and Citizenship .
The definition of “child” for naturalization and citizenship is more restrictive than that used for
immigration or adjustment of status. The definition for child as used in naturalization and
citizenship (Title III) is found at section 101(c) of the Act. This definition does not include
stepchildren. Adopted children are provided for when they are included specifically in any
section of the INA that applies to citizenship. Before February 27, 2001, section 321of the Act
governed citizenship for children born out of wedlock.
Legitimation is a concern when determining acquisition or derivation of citizenship. You must
also be aware of the specific rules requiring the child’s legitimation under section 101(c) of the
Act and determine the citizenship status of the father. If the natural father was a citizen at the
time of the child’s birth, then section 309 and section 301 of the Act may apply, depending on
the child’s date of birth.
Generally, the child must be legitimated while under 16 years of age, unless another section of
the Act refers to a specific age. For example, under section 309 of the Act, the child needs to be
legitimated by his or her father before age 18.
(c) “Acquisition” of U.S. Citizenship .
Prior to the effective date of the CCA (February 27, 2001), “acquisition” referred to citizenship
acquired at birth. The relevant statutory provisions dealing with acquisition are section 301 ,
section 303 , section 309 , and section 324 of the Act. You will find Naturalization Charts 1
and 2 (at Appendix 71-1 and Appendix 71-2 of this field manual) helpful in adjudicating
acquisition claims.
Sections 301 and 309 of the Act provide for citizenship at birth.
Section 320 of the Act, as amended by the Child Citizenship Act, provides that the child
“acquires” citizenship when certain conditions are met. Section 320 will be discussed under the
“derivation” of citizenship, as it more closely resembles derivation statutes.
Section 324 of the Act provides for reacquisition of citizenship under certain conditions and was
amended in 1994 to provide for the reacquisition of citizenship by certain section 301 citizens.
(1) Sections 301 and 309 of the Act .
Form N-600 is used to apply for a certificate of citizenship when citizenship is acquired at birth
under section 301 and section 309 of the Act. When adjudicating applications under these
sections, the Act and conditions that exist at the time of birth of the applicant govern. Because
these sections have been modified extensively over the past century, officers adjudicating these
applications must be familiar with the Naturalization charts, with the issues that are covered in
the Interpretations and changes in terminology through public laws. For example, P. L. 104-51
changed the term “illegitimate” to “out of wedlock” in section 101(b)(1)(D) of the Act.
Children Born in Wedlock. The provisions of section 301 of the Act have governed the
acquisition of citizenship at birth by children born in wedlock since 1952. Prior laws and statutes
are extensively covered in the Interpretations. Most issues that have arisen pertain to cases
where only one parent is a U.S. citizen and the other is an alien. Keep in mind the definition of
child and that stepchildren are not eligible for citizenship through this process.
Children Born Out of Wedlock. Prior to the Act of October 1, 1978, children born out of
wedlock acquired citizenship through the mother if the mother had resided in the U.S. for one
year. To acquire citizenship through his or her father, a child born out of wedlock needed to be
legitimated or to meet other requirements depending upon when the child was born and when
the child turned 16, 18 or 21. It should be noted that section 309 of the Act provides that section
301 of the Act applies to a child born out of wedlock when citizenship is claimed through the
father. Therefore in adjudicating an application under section 309, it is not enough to establish
that the father meets the requirements stated in section 309(a) or section 309(b) of the Act.
Once it is established that the father and child qualify under section 309(a) or 309(b), the father
must then establish that he had the required physical presence and residence under section
301(g) of the Act at the time of the child’s birth.
The general requirements for “Acquisition” are:
Citizenship: The parent must be a citizen of the United States at the time of the child’s
birth.
Residence and Physical Presence: The Act has consistently required residence and
physical presence in the United States or outlying possessions prior to the birth of the child.
Officers should be aware that the definition of outlying possession has not been constant. For
example, the Philippines were considered an outlying possession from 1899 to July 4, 1946.
See section 101(a)(29) of the Act. Currently, the Act defines outlying possession as American
Samoa and Swains Island.
Officers should also review section 301(g) of the Act for the conditions under which time spent
outside the U.S. as a member of the military or working for certain U.S. government or
international organizations may qualify as residence and physical presence in the U.S.
Certificate: If approved an “AA” or “AB” certificate is issued. The date of citizenship is the
birth date of the applicant.
Retention Requirements: Until the Act of October 1, 1978 U.S. citizens who had
acquired citizenship through birth outside the U.S. to one U.S. citizen parent had to meet
residence and physical presence requirements in order to retain U.S. citizenship. Although the
Act eliminated retention requirements for those born after 1952, it may be possible that a person
born in 1952 and subject to the provisions of the 1940 Act would have failed to retain
citizenship. For those born before 1952, consult Interpretation 301.1(b)(6) for a com plete
discussion of the retention requirements.
(2) Section 324 of the Act: Resumption of Citizenship .
The Act of October 24, 1994, Pub. L. 103-416, amended section 324 of the Act effective April
24, 1995 to provide that an alien who was formerly a citizen under section 301 or a preceding
statute, but had failed to meet the retention requirements and had lost citizenship, could regain
citizenship by taking the oath of allegiance. Section 324 does not change the period of time
during which the person was considered an alien. Children born to such a person during the
time they were not a citizen are considered to be born to an alien parent. Upon approval of an
application under Section 324(d) the effective dat e will be the date of oath. The N-600 should
be noted with the period of time that the applicant was not to be considered a citizen.
In preparing the Certificate of Citizenship (“AA” or “AB”) for such an applicant the following shall
be noted on the Certificate:
The effective date of citizenship is the date of oath. The date of citizenship must be
marked with an asterisk.
The reverse side of the certificate shall be endorsed in clear bold type : “(applicant’s
name), a citizen of the United States by birth, from date of birth (DOB), to the present, excluding
the periods of noncitizenship from to .”
(d) “Derivation” of U.S. Citizenship .
Prior to the enactment of the CCA on February 27, 2001, “derivation” applied to citizenship that
is obtained through an action after birth, such as naturalization of a parent. Derivation statutes
are section 320 and section 321 of the Act in effect prior to Feb 27, 2001(see Appendix 71-6).
You will find Naturalization Chart 3 (at Appendix 71-3) helpful in adjudicating derivation claims.
Because of changes in the Act, officers adjudicating these applications must have available to
them prior sections 320, 321, and 322 of the Act. Applications for Certificates of Citizenship may
deal with events that occurred prior to the current law, and officers must be aware of the prior
standards for acquisition or derivation. The Interpretations will most often provide guidance on
such issues as residence and physical presence. It should be noted that the Interpretations
section 320 also covered prior s ection 321 and should be referred to when needed in cases
involving derivation prior to the CCA.
(1) Child Citizenship Act, Pub. L. 106-395, Revised Section 320 of the Act .
The Child Citizenship Act (CCA), effective February 27, 2001, amended section 320 of the Act
and removed section 321. Although the CCA uses the term “acquires,” it is sufficiently similar to
sections 320 and 321 in effect before February 27, 2001 to be considered a derivation statute.
Officers adjudicating applications filed after February 27, 2001 should review the regulations at
8 CFR 320 which were published after the implementation of the CCA. The revised section 320
became the only method for children in the U.S. under the age of 18 to acquire citizenship. See
also Appendix 71-7 of this field manual.
The CCA applies to adopted children and certain foreign-born natural children. A child adopted
by a U.S. citizen parent is eligible for the CCA if the child satisfies the requirements applicable
to adopted children under section101(b) of the Act, including children described in section
101(b)(1)(E) and section 101(b)(1)(F) of the Act.
The CCA also applies to children who meet the requirements of section 101(c) of the Act. This
includes unmarried children born in wedlock and legitimated children. An alien child who was
born out of wedlock and has not been legitimated is eligible for derivative citizenship when the
mother of such a child becomes a naturalized citizen under section 320 and 322 of the Act.
Section 321 , in effect until February 26, 2001, had a specific reference to children born out of
wedlock who were not legitimated.
A child of a naturalizing parent is also covered by the CCA provided that the child meets the
definition of section 101(c) or section 101(b)(1)(E) or (F) of the Act. The CCA only requires one
U.S. citizen parent to confer automatic citizenship. The naturalization of a single alien parent,
regardless of his or her marital status or the immigration status of the other parent, is sufficient
for a child to be eligible for citizenship under CCA.
The CCA applies to children residing in the U.S. pursuant to a lawful admission for permanent
residence. Children who had previously been granted lawful permanent residence but were
outside the U.S. temporarily on February 27, 2001 became citizens upon their return to the U.S.
For children who acquired citizenship on the date the CCA went into effect, the Certificate of
Citizenship reflects February 27, 2001 as the date of acquisition. Children whose date of
citizenship is February 27, 2001 are those who were still under age 18 and who met all the other
requirements of section 320 of the Act (i.e., lawful permanent residence, living with and in the
legal and physical custody of the U.S. citizen parent) on February 27, 2001.
After February 27, 2001, the date reflected on an individual’s certificate of citizenship will be the
date when the last requirement needed to acquire citizenship automatically under section 320 of
the Act is met. This date can be either:
the date on which an alien parent of a qualifying child naturalizes, or
the date on which a qualifying child is lawfully admitted for permanent residence, or
if adopted, the date on which a qualifying child, who has been lawfully admitted as a
permanent resident, has been finally adopted by a U.S. citizen or had such an adoption
recognized by the state where the child resides.
Upon approval of the application the applicant is issued an “A” certificate.
(2) Derivation prior to the enactment of the CCA (before February 26, 2001) .
Until the effective date of the CCA (February 27, 2001), derivation was dependent upon the
naturalization of a parent. Prior to February 27, 2001, section 320 of the Act applied to a child
who was born to a U.S. Citizen parent and an alien parent, while section 321 of the Act applied
to a child born in wedlock to two alien parents and a child born out of wedlock to an alien mother
(See old sections 320 and 321 in Appendix 71-6 of this field manual). Over the years, the
citations concerning adopted children changed. Be sure to review the dates of adoption and the
law in effect at the time. See Interpretations 320.1(d)(1), Interpretations 320.1(d)(1)(2) and
Interpretations 320.1(d)(1)(3).
Requirements: The basic requirements for both sections were the naturalization of an
alien parent or parents, as applicable, the lawful admission for permanent residence of the alien
child, and the satisfaction of these and any other statutory requirements before age 18. Since
the order in which the requirements were satisfied was not stated in the statute, as long as the
applicant meets the requirement of the statute before age 18 the applicant derives U.S.
citizenship.
The exception was an adopted child during certain time periods. Therefore, for example, under
the prior INA section 321(a)(3), citizenship would be derived when a divorce occurred after
naturalization of one parent and the naturalized parent obtained legal custody of the child. The
date of derivation would be the date of divorce.
Legitimation and Legal Custody: Although the common application was based upon
the naturalization of two alien parents, two important issues when adjudicating claims for
derivation under section 321 of the Act are legitimation and legal custody. Section 321 allowed
derivation when the two alien parents had a legal separation and the parent having legal
custody naturalized. Interpretations 320.1(a)(6) contains a discussion of legal custody and legal
separation which were valid for certain time periods. Officers should become familiar with the
law of the states in their office’s jurisdiction with respect to legal custody. Generally, legal
custody is custody granted by a competent governmental authority or by a statute. See also the
current definition of legal custody in 8 CFR 320.1 and 8 CFR 322.1.
Provided all other statutory requirements are met, a child whose paternity has not been
established by legitimation before the age of 16 may derive citizenship through the mother (see
section 101(c) and section 321(a)(3) of the Act) . Remember that the age for legitimation has
varied over the years from 16, 18 or 21 depending on the period and statute in effect.
Early volumes of the published decisions contain many decisions on legitimation and foreign
legitimation. You may also consult the Foreign Affairs Manual or inquire with the Library of
Congress if there are questions that still need to be resolved regarding the legitimation
requirements of a particular country. Check the Library of Congress opinions on the Intranet
before sending a request for an opinion. See Chapter 14.10 of this field manual regarding
procedures for requesting Library of Congress research .
Date of Citizenship: The date of citizenship for most applicants will be the date of the
last action to occur before age 18. This will be one of the following:
–
naturalization of parent(s).
–
legal custody when there has been a legal separation.
–
death of an alien parent when the other parent has naturalized
–
naturalization of a surviving parent
–
lawful admission for permanent residence.
For an adopted child, the date of citizenship will be the date of naturalization for the adopting
parent if the other conditions are met.
(3) Other Persons Eligible for Certificates of Citizenship . (Revised 8/15/2008; AD08-14)
The CCA amended section 322 of the Act to cover foreign-born children not eligible under
section 320 of the Act who are residing outside the United States with a United States citizen
parent.
Under section 322 of the Act, such a child will become a citizen of the United States upon the
approval of his or her Form N-600K, Application for Citizenship and Issuance of Certificate
under Section 322 , and upon taking the oath of allegiance. In certain cases, the taking of the
oath may be waived (e.g., if the child is considered too young to understand the meaning of the
oath). See section 337(a) of the Act. If the taking of the oath is waived, then the child becomes a
citizen on the date his or her application for citizenship is approved. Both the approval of the
application for citizenship and the taking of the oath (if necessary), must occur before the child
reaches the age of eighteen. The child will receive an “A” Certificate of Citizenship (Form N560). See section 322 of the Act and Chapter 75.1(c) of this manual (Waiver of the Oath).
(A) Persons Eligible to File the Application for Citizenship under Section 322 .
In general, the United States citizen parent with legal and physical custody of a biological or
adopted child files the Form N-600K on behalf of the child. The child must be under 18 years
old. Stepchildren are not eligible under section 322 . See 8 CFR 322 ; Appendix 71-7 and
Chapter 71.1(b) of this manual (Definition of Child for Naturalization and Citizenship).
As of November 2, 2002, a United States citizen (USC) grandparent or USC legal guardian
became eligible to apply for naturalization on behalf of a child, pursuant to amendments to
section 322 of the Act (by the “21st Century Department of Justice Appropriations Authorization
Act for Fiscal 2002,” Pub. L. 107-273 ). Under this amended provision, if a USC parent of a
child who otherwise meets the eligibility requirements of section 322 has died, a USC parent of
the USC parent (i.e., grandparent) or a USC legal guardian of the child may file the application
for citizenship at any time within five years of the parent's death. Only in such cases may any
person other than the USC parent file an application for citizenship on behalf of a child pursuant
to section 322 . (See Appendix 71-8 of this field manual.)
The Form N-600K is filed with the USCIS office in the United States where the child and USC
parent, or otherwise eligible person, wish to appear for the interview. If the adjudicator considers
the application to be approvable, an appointment notice will be sent to the parent and child. The
appointment notice should be taken to a United States Consulate or the consular section of a
United States Embassy in order to obtain a nonimmigrant visa for the child, if a visa is required
for entry in the United Stat es. See Chapter 71.1(f) (Adjudicating the Application). For a child of
a member of the Armed Forces, see paragraph below (“Exceptions for a Child of a Member of
the Armed Forces”).
In the case of a child who is adopted, documentation must be submitted along with the Form N600K to establish that the adoption took place accordingly.
A child who is adopted while under the age of sixteen and who has resided in the legal custody
of the adopting USC parent(s) for at least two years qualifies. See section 101(b)(1)(E)(i) .
However, the required two years of residing in the legal custody of the adopting parent(s) does
not apply to an adopted child described in section 101(b)(1)(F) , or (G) . Further, an adopted
child as described in section 101(b)(1)(E)(ii) or (F)(ii) , who is adopted while under the age of
eighteen may also qualify.
A child legitimated while under the age of sixteen may qualify if the process of legitimating was
done “under the law of the child's residence or domicile, or under the law of the father's
residence or domicile, whether in the United States or elsewhere.” See section 101(c)(1) of the
Act.
A child who is an orphan and adopted, as defined in section 101(b)(1)(F) of the Act, must
submit evidence of an approved Form I-600, Petition to Classify Orphan as an Immediate
Relative, or evidence that the child has been admitted for lawful permanent residence with the
immigrant classification of IR-3 or IR-4.
A Convention child, as defined in section 101(b)(1)(G) of the Act, must submit evidence of an
approved Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative or
evidence that the child has been admitted for lawful permanent residence with the immigrant
classification of IH-3 or IH-4.
(B) Lawful Admission and Status in the US Required under Section 322 .
Except as otherwise provided, the naturalization process for a child filing under section 322 of
the Act cannot take place solely overseas. The child is required to be temporarily present in the
United States pursuant to a lawful admission, to maintain such lawful status, and to take the
oath of allegiance in the United States. See section 322(a)(5) of the Act (Lawful Admission and
Status Requirements). Note that a “parole” is not considered an “admission.” See section
101(a)(13) of the Act (Definition of “admission”).
(C) Exceptions for a Child of a Member of the Armed Forces .
Section 322(d) of the Act, as amended by Pub. L. 110-181 (enacted January 28, 2008),
exempts any child of a member of the Armed Forces who is residing abroad with the service
member per official orders from the temporary physical presence, lawful admission, and
maintenance of lawful status requirements under section 322(a)(5) . Accordingly, the adjudicator
must not require any eligible child applying for naturalization under section 322 to show
evidence of complying with those requirements. Such a child is eligible for any overseas
proceedings relating to naturalization pursuant to section 322(d)(3) .
See 8 CFR 328.1 (Organizations considered as “Armed Forces of the United States”). See
Chapter 73.3(h) of this manual (Documenting Continuous Residence) for details on what
USCIS will accept as “official orders.”
(D) Physical Presence of Qualifying Parent, Grandparent, or Legal Guardian .
The adjudicator must ensure that the United States citizen (USC) parent, grandparent, or legal
guardian meets the required physical presence in the United States, pursuant to section 322 of
the Act. In the case of a USC grandparent, who is the parent of the child’s USC parent, filing on
behalf of a child within five years of the death of the child’s parent, the physical presence
required could have taken place before or after the birth of the child and filing of application.
Further, a child remains eligible after the death of the USC grandparent, if the USC grandparent
met the physical presence requirement in section 322(a)(2)(B) at the time of his or her death.
See Policy Memorandum No. 94, “Effect of Grandparent's Death on Naturalization under INA
Section 322 ” (issued April 17, 2003).
(E) Physical Presence of Qualifying Parent Member of the Armed Forces .
Section 322(d) prescribes that any period of time a member of the Armed Forces is residing or
has resided abroad is treated as physical presence in the United States for purposes of section
322(a)(2)(A) , if all of the following conditions have been met:
1) The child is authorized to accompany and reside abroad with the member of the Armed
Forces pursuant to the service member’s official orders;
2)
The child is accompanying and residing abroad with the service member; and
3)
The member of the Armed Forces is residing or has resided abroad per official orders.
The first two conditions above are the triggering events that allow any period of time abroad to
count as physical presence in the United States for the USC parent for purposes of section
322(a)(2)(A) . If at the time of filing the Form N-600K the child is residing abroad with his or her
USC parent member of the Armed Forces, then any previous time the parent has resided
abroad on official orders will be treated as physical presence in the United States for purposes
of section 322(a)(2)(A) regardless of whether or not the child actually resided with the parent.
See 8 CFR 328.1 (Organizations considered as “Armed Forces of the United States”). See
Chapter 73.3(h) of this manual (Documenting Continuous Residence) for details on what
USCIS will accept as “official orders.”
(e) Filing the Application and Initial Processing . Forms N-600 and N-643 are filed with the
USCIS office in the United States having jurisdiction over the place of residence of the
applicant. Overseas applicants may file the application with any office of the USCIS within the
United States.
Upon receipt of the form, the application must be examined to assure that it is complete,
presents a prima facie case of eligibility for the issuance of a certificate of citizenship and has
the required fee and photographs. Applicants must submit any additional documentary evidence
necessary to support their citizenship claim. Any document in a foreign language requires an
English translation.
Further clerical operations will be necessary: obtaining or creating the applicant’s “A” file,
verifying the naturalization of parent(s), verifying the military service of a parent, securing
additional necessary documentation and other related files.
Lookout checks shall be conducted in accordance with policy (see Chapter 10.3 of this field
manual).
Former Form N–601, Status N-600 Application, was the processing worksheet for all N–600
cases. The N–601 has since been eliminated, but is exhibited in Appendix 71-9 to provide
elements for a locally developed processing worksheet. Offices should use either Form N–601
or a locally developed processing sheet to record the status of the application. The processing
sheet shall be maintained on the right side of the A-file.
You will need to determine if an interview is required. See 8 CFR 341.2(a)(1) to determine if the
interview can be waived. All applications for certificates of citizenship filed under section
322 of the Act require an interview with the applicant and the child. See also Appendix 717 of this field manual.
N-643 waiver of child's appearance: If the child is under 14 years of age on the date of the
scheduled interview, and there are no circumstances in the case giving rise to the suspicion that
the child is an impostor, or has abandoned residence in the United States, the child shall not be
required to appear before an officer if the parent or guardian is available to appear for
examination under oath or affirmation by an officer, as required by 8 CFR 341.2, and to identify
a photograph of the child as that of his/her son or daughter. If the child’s appearance before the
officer in connection with the N-643 application is waived, the oath requirement shall be
regarded as also waived, and the words "oath and personal appearance waived" shall be noted
in the report section provided on Form N-643.
N-600 waiver of child’s appearance: When the person(s) through whom citizenship was
acquired or derived is available to appear for examination under oath or affirmation by an
officer, as required by 8 CFR 341.2 and to identify a photograph of the child as that of his son or
daughter, the child's appearance before the officer in connection with the N-600 application, and
the oath requirement in his case, shall be regarded as waived as long as there is no suspicion
that the child is an impostor and no other s uch consideration.
(1) Initial Documentation .
The documentary evidence in support of the N-600 application is not required if such evidence
is available for use in other files. The instructions of the Form N-600 state that if the required
documents are available, you should request the file to obtain them before asking the applicant
to submit duplicate copies.
An unexpired United States passport issued for 5 or 10 years is now considered prima facie
evidence of U.S. citizenship. Because it does not provide the actual basis upon which
citizenship was acquired or derived, the submission of additional documentation may be
required or the passport file may be requested. If after review there are differences or
discrepancies between the USCIS information and the Passport Office records which would
indicate that the application should not be approved, no action should be taken until the
Passport Office has an opportunity to review and decide whether to revoke the passport.
If the applicant indicates that he or she did apply for some sort of documentation from the State
Department, you may send a completed Form N-602 to the Director of the Washington District
office. Clearly describe the document requested. Similarly, if documents requested are unusual
in nature, they should be described in reasonable detail. Furthermore, if there appears to be a
question concerning the legitimacy of the applicant, the validity of his parents’ marriage, or
some other matter which may be expect ed to be resolved upon the basis of the documents
requested, this fact should be appropriately stated in Form N-602. If there is some reason to
believe that the applicant or parent has expatriated, briefly explain the facts on the form. You
may attach supplementary sheets if there is not enough room on the Form N-602. Washington
Investigations will verify the information or document requested with the Department of State.
You should review the Foreign Affairs Manual Volume 9 Appendix C to determine the avai
lability of documents from the applicant’s country of birth. The manual can be found on the
Internet at:
http://foia.state.gov/FAMDIR/fam/fam.asp
A record of admission on Form I-94 may have been created during the period that retention
requirements existed for some U.S. citizen children born abroad. These Forms I-94 are
maintained in Headquarters Records for a United States citizen born abroad and entering the
United States for the first time. Many are stored on microfiche and microfilm; in 1983, HQ
Records started automating the I-94s. To request information about these files, you will need to
send a fax to the Office of Records Management Certifica tion Unit at (202) 305-1737. You will
need to include the name of the person or applicant, the date of birth, date of entry and the
Form I- 94 number or admission number.
(2) Assumed name/Signature .
When the applicant has assumed, or is known by a name other than a true name, but has not
changed the name in accordance with the law of the jurisdiction where it was assumed, the
certificate of citizenship shall be issued in the applicant's true name followed by the words "also
known as" and the assumed name. However, in such a case the applicant shall be required to
sign only the true name on the certificate and on the photographs submitted with the application.
The certificate shall be signed by the appl icant unless the applicant is a child unable to sign
his/her name, in which case the certificate shall be signed by the parent or guardian, and the
signature shall read "(insert name of child) by (insert name of parent or guardian, indicating
which)."
(3) Assembling the Record of Proceeding .
It is required that the officer properly identify and assemble the record material so that the
record will be complete, that it may be read without taking the file apart, and that the papers in it
are in the same order in every case handled. If an affidavit or sworn statement is taken, or a
supplementary report is prepared by the officer to clear up a discrepancy or establishing that a
discrepancy defeats the claimed citizenship, this affidavit, statement, or report should be
attached to and remain a part o f the file.
The order of the various papers shall be, to the extent possible, as follows:
(A)
Form N-600 and supplementary sheets.
(B)
Officer’s memo(s), if any.
(C) Affidavits or recorded statements taken by officer examining applicant or the person(s)
acting in applicant’s behalf
(D)
Documents from the applicant
(E)
Other evidence, such as verification of naturalization, reports from Department of State
Form N-601 or the processing sheet shall be maintained as the uppermost piece of material on
the right-hand side of the A-file.
(f) Adjudicating the Application .
(1) The Interview .
Information gathered by the examiner during the review or examination may form a basis for
revocation of the basic naturalization, or for criminal prosecution, or a basis of action upon
similar applications in later years. You should review every answer in Form N-600, Form N-643,
and Form N-600 Supplement A for completeness, accuracy, veracity and understanding by the
applicant (or his parent or guardian if he is under 14). Each and every correction or change on
the application or supplementary sheets, incl uding changes to improve legibility, shall be
consecutively numbered, even though several changes may form a part of a single item within
an answer. All changes and the numbers must be made in red ink.
The officer should quickly determine the identity of the person appearing for examination and
his competency. The officer must be satisfied before administering the oath (or affirmation) that
all persons understand the nature of the oath (or affirmation) and the significance of their
testimony and of testifying under oath or affirmation.
The officer and all persons who are to be placed under oath or affirmation shall stand, if
physically able, and have his right hand raised during the administration of the oath. The
applicant, or his parent or guardian if he is under 14, shall be examined first.
Where it is necessary to develop and explain inconsistencies or discrepancies as a part of the
record, every effort shall be made to obtain complete details in the form of a brief summary
indicating what the applicant or witness said, rather than the officer’s conclusions, and if the
matter is deemed important, a sworn (affirmed) statement shall be obtained. (See Chapter 15.6
of this field manual)
All documents shall be carefully examined and all persons interviewed with regard to all of the
matters bearing on not only whether citizenship was derived or acquired as claimed but also
whether the applicant is currently a citizen of the United States. In cases in which primary
documentary evidence cannot be obtained, secondary evidence may be used.
The examination should cover such matters as identity and relationship; marital history;
legitimacy or legitimation, where material; residence of the person(s) through whom claiming,
both before and after naturalization; residence and physical presence before the applicant’s
birth on the part of the person(s) through whom claiming; retention requirements; and
expatriatory acts, including, where women are concerned, loss of citizenship by marriage to an
alien.
Allegations as to naturalization may be supported by the Naturalization Certificate. If the
certificate is unavailable or suspect, the allegations shall be checked against the relating file,
other USCIS records, court records, or other verification of naturalization, and a determination
made regarding whether the record of naturalization found relates to the applicant’s case.
Full details shall be set out for each link in the chain of citizenship for both the applicant and the
person(s) through whom citizenship is claimed, and all elements essential to such citizenship
shall be proved. Where a parent is a non-citizen national of the United States and that status is
material to the applicant’s claim, this element shall also be fully developed.
Keep in mind the definitions of the terms “United States” and “outlying possessions” under the
applicable section of law and clearly distinguish between “residence” and “physical presence”
where necessary. (See section 101(a)(38), section 101(a)(29) and section 101(a)(33) of the
Act).
All essential information furnished by the applicant or the person acting in his behalf which
cannot be inserted in the application shall be made a part of the record by a separate detailed
statement under oath or affirmation from the applicant or that person. If the nature and extent of
military service in the Armed Forces of the United States are material to the claim of citizenship,
Form N-426, or DD Form 214 issued to personnel at the time of discharge, shall be used to
verify the information, unless th e verification relates to a person on active duty with the armed
forces. In such event, a certification from the serviceman’s commanding officer, satisfactory in
form and content, may be accepted.
(2) A Review of a Number of Important Data Elements on the Forms .
PRC Number : Check the information on the Permanent Resident Card (PRC), if any, with
the information in the appropriate box on the application and against the file number. This may
reveal that a new file may have been created upon receipt of the application, even though an Afile previously existed. The examining officer must determine whether files should have been
consolidated.
Name : The applicant’s present full, true and correct name without abbreviation (and
maiden name, if any) shall be shown. Any variation in name from that which is supported by the
documents available shall be explained as part of the record.
Birth data : The date and place of birth are especially important when derivation is
through a parent, as they bear materially on identity of the applicant, legitimacy, requisite age to
derive or retain citizenship, and relationship. They may also be material factors in considering
whether particular conduct resulted in expatriation. The date of birth must be accurate and must
be checked against all data in the file, such as the birth certificate, visa or other record of entry
data, and alien registration record. Tran slations should be checked if possible with regard to
dates, against the document translated, since translators may mark down an incorrect date in
the translation. Where the date of birth is material, any variation in the record shall be fully
explained as a part of the record and the examiner’s conclusion regarding which date is correct
shall be supported by a memorandum containing his reasoning.
The adjudicator should confirm that the applicant has indicated the correct country of birth and
nationality on their Form N-600, Form N-600K, or Form N-644. (Note that Certificates of
Citizenship denote country of birth and not country of nationality.) (Added December 1, 2008,
AD09-01)
Note
In the case of Taiwan, an applicant may indicate “Taiwan” as the country of birth on
their application so long as the proof of birth documentation submitted supports their
claim. Accordingly, the Certificate of Citizenship of such an applicant should be issued
showing “Taiwan” as the country of birth. See Chapter 74.2(a)(2) of this manual for
further guidance on the use of “Taiwan” as country of birth or nationality. (Added
December 1, 2008, AD09-01)
Arrival data : Allegations regarding arrival shall be checked against arrival data in the file.
If the applicant traveled on a United States passport and was admitted as a United States
citizen, the passport number, together with the date and place of issuance, shall be shown.
If a lawful admission to the United State for permanent residence is material to the applicant’s
citizenship, the officer must determine whether applicant’s entry constituted such an admission;
whether the visa or record verified relates to the applicant; and whether entry on that date brings
the applicant within the terms of the relevant statute. If retention requirements are applicable,
the officer shall also determine whether they have been satisfied so far as timeliness of entry
into the United States a nd residence or physical presence are concerned.
If the applicant claims United States citizenship at birth (“AA” or “AB” certificate), but was
admitted to the United States as an alien, the facts shall be fully developed, particularly to
ascertain whether expatriation has occurred. The explanation shall be included in a sworn
(affirmed) statement made by the applicant, or, if time does not permit the taking of a statement,
a memorandum shall be prepared by the examining officer setting forth the applicant’s
explanation. Such sworn (affirmed) statement or memorandum shall be made a part of the
record. If it appears the State Department has a relating file which should be consulted, a report
indicating what the file shows should be obtained and included in the record.
When the applicant arrived before July 1, 1924, and lawful admission for permanent residence
is material, the information set forth should be compared with data in official verifying records to
determine that the record of arrival found relates. The verifying record should be carefully
checked against data supplied by the applicant, since it may reveal discrepancies as to name,
age, parentage, absences of parents or a prior application, possibly of another person, on which
the same arrival record was used. Material discrepancies shall be explained in a memorandum
made a part of the record, and where the discrepancies indicate possible fraud, a sworn
(affirmed) statement should be taken and made a part of the record.
Absences : The information in this item is essential to determining whether the applicant
may have expatriated, or whether there was a failure to comply with applicable retention
requirements. The date of an absence may be significant in itself if it occurred during a war
period when service in the armed forces of the foreign state might reasonably be expected to
have been performed with expatriative effect. It should be thoroughly explored with the
applicant, parent to elicit all relevant facts bearing upon the iss ue. If you have determined
expatriation occurred, develop a written summary of the facts.
After admitted absences have been recorded appropriately, the applicant shall be asked
whether there were any other absences and, when the information in that respect is complete,
the words “No other” shall be written in this space. The word “None” shall be written in the
space for this item if there have been no absences.
Required evidence of residence, physical presence : Documentary evidence of residence
or physical presence required for acquisition or retention of citizenship must be submitted. Prior
to 1978 records of admissions at ports of entry were often prepared by inspecting officers for
United States children born abroad, upon the occasion of their first arrival in the United States.
Such arrivals can be verified by consulting Headquarters records.
Public Law 95-432, effective October 10, 1978, repealed the retention requirements of former
section 301(b) of the Act. The amending legislation was prospective only and did not restore
citizenship to anyone who, prior to October 10, 1978, had lost citizenship by failure to retain it in
accordance with former section 301(b) of the Act. The Act of October 10, 1978 also
redesignated section 301(a)(1) to (7) as section 301(a) to (g).
Public Law 103-416, effective April 24, 1995, provided that aliens who had lost citizenship by
failure to meet the retention requirements could regain their citizenship by taking the oath of
allegiance. (See section 324 of the Act.) That provision, though, states that the effect is
prospective only and during the period between loss and reacquisition the citizen was an alien.
See discussion in section (c)(2) of this field manual chapter.
Person through whom citizenship claimed : Only one block should be checked.
Information about parents : The information called for is that relating to the natural or
adoptive parents, as pertinent.
Photographs and name shown on certificate : A person’s name may have been changed
by a common law change, which permits the adoption of a name at will, provided it is not done
for a fraudulent purpose. In many states, however, the right of common law change has been
abrogated, or permitted only before a certain date. When it is found that a person may validly
claim a name other than that given at birth, the space for name on the form shall be corrected to
show such name other than the name at birth if not already shown. When it cannot be
establishe d there has been a change of name by any legally valid method, the “also known as”
procedure for including the assumed name in the citizenship certificate should be employed.
Relating files : Relating files of other family members may be examined in cases where
there is only secondary documentary proof, or where there is reason to suspect fraud, or where
the relating file contains a document which should be made available to the applicant which
bears upon the eligibility of the applicant.
Prior application : If a prior application was denied, unless the denial was because of a
ruling which has since been changed or abrogated, the evidence supporting the new application
shall be carefully checked by the examining officer to determine whether it is sufficient to
warrant a change in the previous determination. Any change shall be supported by documentary
evidence.
Signature : Be certain the application is properly signed by the applicant if he or she is 14
years of age or older; otherwise by his parent or guardian.
Affidavit : The affidavit is found at the end of the application. Insert the proper word to
designate the person executing the application. Draw a line through the words “and of attached
supplementary pages numbered ( ) to ( ), inclusive” if there are no supplementary pages;
otherwise, if any answers have been continued on supplementary sheets, number the pages
and insert the numbers in the parenthesis.
Number any corrections and insert the numbers in the parenthesis. If there are no corrections
draw a line through the words “and that corrections numbered ( ) to ( ) were made by me or at
my request.” Make certain that the person executing the affidavit fully understands the
allegations and corrections in the application and supplementary sheets before he signs the
affidavit.
Examination of Person(s) Through Whom Claiming and Other Witnesses . A witness shall
be called to testify at the examiner’s option only if that person’s testimony is needed to prove a
particular point, and only if alternative proof is unavailable or more difficult to produce than the
witness.
When required by the examiner, the best witness is usually a close relative of the applicant,
since generally such a relative, particularly an older one, is well qualified to testify to the
relationship between the applicant and the person(s) through whom citizenship is claimed.
Unless there are material discrepancies, an issue of fact to be resolved, a question of
expatriation, possibility of revocation of naturalization, or criminal prosecution, the written
testimony of the person(s) through whom citizenship is claimed, or that of the witness(es) is not
required. When material discrepancies or other circumstances require that the testimony be
taken and recorded (written), a supplemental report clarifying the discrepancies, explaining the
circumstances, or establishing that such d o in fact defeat the claim to citizenship shall
accompany the application.
(3) Supplementary Actions .
(A) Question-and-Answer Statements and Affidavits .
When the evidence of applicant’s eligibility or ineligibility for a certificate of citizenship consists
largely of testimony rather than of primary or secondary documentary evidence, it is necessary
to record the testimony in a sworn (or affirmed) question-and-answer statement, or an affidavit,
preferably the former. Such sworn (affirmed) statements shall be taken also where there is a
complex or controversial question of fact, as for example, with regard to applicant’s age or
identity. (See Chapter 15.6 of this field manual.)
(B) Blood Tests .
The burden is upon the applicant to establish relationship to a United States citizen and
ordinarily such proof is easily adduced in the form of primary documentary evidence. In many
cases this solid documentary evidence is lacking, and although oral evidence may be received
in such cases, it may be appropriate to require reinforcement of such evidence with less fallible
proof in the form of blood tests. The officer should follow the policy as set forth in Chapter
21.2(d)(1) of this field manual.
(4) Making a Decision .
The burden of proof is upon the applicant to establish his right to the certificate.
(A) Review of Evidence.
All of the evidence of record must be reviewed to determine whether the applicant has
satisfactorily established all the links in the claim to citizenship. Although this is an
administrative proceeding not circumscribed by the rules of evidence applicable to judicial
proceedings, it should be kept in mind that the record may subsequently be reviewed in judicial
proceedings. The decision on the application, therefore, should be supported by evidence in the
record of proceeding.
The evidence submitted by the applicant may be primary or secondary. Essential facts relating
to birth, death, marriage, and divorce shall be established by official public records, if available.
Only if the officer is satisfied that the applicant has made a reasonable but unsuccessful effort to
procure such a record, or has official knowledge that it is unobtainable, may the officer accept
as sufficient other secondary evidence that the applicant presents.
A document is most valuable when it is a record created contemporaneously with, or reasonably
proximate to, the happening of the event recorded. A delayed or nunc pro tunc record created
long after the event does not have the evidentiary value that attaches to a record created
contemporaneously with the event. Such a delayed record must be shown to be based upon
probative supporting evidence. Where the record contains little or no corroborative evidence,
the applicant must produce further, more convincing e vidence. Inquiry should also be made not
only into the manner in which the delayed record was created, but also into the reasons for the
delay. The likelihood that the facts are as alleged should also be considered in relation to all
information developed.
(B) Failure to Appear .
The notice to appear for an examination shall be given not less than 2 weeks before the
scheduled date of interview. If the applicant fails to appear for the examination, or to otherwise
explain his/her absence, or does not request an alternative examination or does not respond to
Form N-14 within the allotted time, the application shall be denied in accordance with 8 CFR
103.2(b)(13).
(C) Continuing a Case .
Form N-14 may be used to request submission of documentary evidence or additional
information from an applicant at any stage of the proceedings. The applicant shall be given a
date by which to submit the documentation in accordance with 8 CFR 103.2(b)(8).
(D) Approval .
Upon completion of the examination of the applicant (or of the person acting on behalf of an
underage applicant) if one is conducted, the officer conducting the examination shall complete
the affidavit of the application.
If the appearance of the child has been waived under the words “upon personal appearance”
shall be stricken from the opening sentence in the “Report and Recommendation on
Application.” No conditional or contingent recommendation is to be made therein. The
recommendation shown is to be unqualifiedly either to grant or to deny the application.
The delivery of the certificate shall be withheld until the Form I-151/I-551 (PRC) is surrendered.
Be sure to obtain PRC, reentry or other Service or USCIS-issued document. If it is alleged such
documents were lost or destroyed, the applicant’s (or his parent’s or guardian’s) claim in this
regard should be recorded on a lost PRC affidavit, Record of Sworn Statement (Missing PRC).
You must complete the stipulation regarding the manner in which citizenship has been acquired
or derived. For example, if the applicant claims citizenship at birth, the item shall reflect the
manner in which the person through whom citizenship is claimed acquired citizenship; whether
such person was a United States citizen at the time of the applicant’s birth; whether such person
resided or was physically present in the United States prior to the applicant’s birth and, where
applicable, the period of such r esidence or physical presence. Appendix 71-5 of this field
manual contains sample stipulations representative of cases in various categories. These
stipulations do not exhaust the factual situation in which citizenship may be derived or acquired,
but they are to be used verbatim when appropriate to the case and will serve as guides in
drafting other stipulations to meet different factual situations.
Prepare a memorandum to the file to support your decision to grant a case when the facts,
issues or laws are extensive.
If you use a document from a relating file, make a copy of the document to include with the
application you are adjudicating.
(D) Denial .
If the application is denied, notice of the denial and an opportunity to appeal therefrom shall be
given to the applicant on Form I-292. If the applicant wishes to appeal the denial, he or she
must file the appeal within 30 days of the date of the decision with the office that made the
original decision. The notice of appeal must be filed on Form I-290B, Notice of Appeal to the
Administrative Appeal Office (AAO). The appeal will be decided by the AAO.
(g) The Certificate of Citizenship .
(1) Delivery of the Certificate .
The certificate shall be examined as to the accuracy of the items and to see that the
photographs are properly signed and that the seal, date, and signature of the USCIS Director
are affixed.
When the oath of allegiance is administered to the applicant, he should stand with his right hand
raised if physically able to do so. Thereafter, he shall subscribe to the oath on the reverse of the
duplicate certificate and the officer shall complete the jurat, showing the date the oath was
administered, the officer’s signature, and title. In the case of applicants who are unable to
understand the meaning of the oath because of youth or mental incapacity, the officer shall
endorse the oath portion of the d uplicate certificate with the words “oath waived”, followed by
his initials.
When such applicant takes the modified oath with additional mental reservations or
qualifications, or when an applicant required to take the full oath insists upon taking it with
mental reservations or qualifications (see Interpretations 341.2(a)(3)), the examiner shall
prepare and make a part of the record a further supplementary memorandum which will be
descriptive and explanatory of the matter.
In these last two situations, no deletions or changes in the form of the modified or full oath, as
the case may be, shall be made on the reverse of the duplicate certificate.
When the certificate is delivered personally to the applicant (or his parent or guardian), the
receipt shall be taken on the back of the duplicate certificate below the oath. Otherwise, delivery
shall be made by certified mail with return receipt requested, in which event, the reverse of the
duplicate certificate shall be noted to reflect the mailing and the date thereof.
The duplicate certificate shall be stapled or otherwise carefully fastened on top of the record on
the left-hand side of the file folder with the left edge of the certificate at the top of the file.
Moreover, since the only receipt for a mailed document will be the return receipt, hold the file
until the return receipt is received, and to thereafter fasten the return receipt to the reverse
surface of the duplicate Certificate.
The certificate shall only be mailed to the addressee in the U.S., as that term is defined in the
Act. The envelope containing the certificate shall be marked DO NOT FORWARD--RETURN
RECEIPT REQUESTED--DELIVER TO ADDRESSEE ONLY. Delivery of the certificate by mail
shall not be attempted if, in spite of these restrictions, the certified article may be delivered to
other than the addressee or to him/her at a place other than in the United States (for example,
to the addressee's order or at an APO overseas addr ess.)