INA 320 definition

INA 320 refers to Section 320 of the Immigration and Nationality Act. It states that children born outside the United States can obtain U.S. citizenship if they meet certain criteria before they turn 18.

This was established after the Child Citizenship Act of 2000 (CCA) removed the INA 321 to institute only one statutory provision and method for children born outside the U.S. that want to acquire U.S. citizenship. Keep reading to learn about all the essential requirements to carry out this process.

INA 320 General Requirements

The requirements of the INA 320 enable non-US born citizens to acquire citizenship after birth. For this procedure to be carried out successfully, all of these conditions must be met either on or after February 27, 2001.

The requirements are as follows:

  • The person is a child of a parent who is a U.S. citizen, either by birth or through naturalization (including adoption).
  • The child is less than 18 years old.
  • The child is a lawful permanent resident of the United States (LPR).
  • The child is residing in the legal and physical custody of the U.S. citizen parent within the United States.
  • If the child is adopted, the adoption process must be legally complete and entirely recognized by the U.S. state in which the child resides.

In case you or your child reside outside the United States, your child may apply for a citizenship certificate through the U.S. Citizenship and Immigration Services (USCIS). This is specified in Section 322 of INA 322.