TITLE II:IMMIGRANT VISAS

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§ 2554 : UNITED STATES CITIZENSHIP FOR INTERNATIONALLY ADOPTED INDIVIDUALS.


a.

AUTOMATIC CITIZENSHIP.—Section 104 of the Child Citizenship Act of 2000 (Public Law 106–395; 8 U.S.C. 1431 note) is amended to read as follows:

SEC. 104. APPLICABILITY.

b.

MODIFICATION OF PREADOPTION VISITATION REQUIREMENT.—Section 101(b)(1)(F)(i) (8 U.S.C. 1101(b)(1)(F)(i)), as amended by section 2312, is further amended by striking at least twenty-five years of age, who personally saw and observed the child prior to or during the adoption proceedings; and inserting who is at least 25 years of age, at least 1 of whom personally saw and observed the child before or during the adoption proceedings;.

c.

AUTOMATIC CITIZENSHIP FOR CHILDREN OF UNITED STATES CITIZENS WHO ARE PHYSICALLY PRESENT IN THE UNITED STATES.—

1.

IN GENERAL.—Section 320(a)(3) (8 U.S.C. 1431(a)(3)) is amended to read as follows:

3.

The child is physically present in the United States in the legal custody of the citizen parent pursuant to a lawful admission.

2.

APPLICABILITY TO INDIVIDUALS WHO NO LONGER HAVE LEGAL STATUS.—Notwithstanding the lack of legal status or physical presence in the United States, a person shall be deemed to meet the requirements under section 320 of the Immigration and Nationality Act, as amended by paragraph (1), if the person—

A.

was born outside of the United States;

B.

was adopted by a United States citizen before the person reached 18 years of age;

C.

was legally admitted to the United States; and

D.

would have qualified for automatic United States citizenship if the amendments made by paragraph (1) had been in effect at the time of such admission.

d.

RETROACTIVE APPLICATION.—Section 320(b) (8 U.S.C. 1431(b)) is amended by inserting , regardless of the date on which the adoption was finalized before the period at the end.

e.

APPLICABILITY.—The amendments made by this section shall apply to any individual adopted by a citizen of the United States regardless of whether the adoption occurred prior to, on, or after the date of the enactment of the Child Citizenship Act of 2000.