8 CFR § 320.2 - Who is eligible for citizenship?

---
identifier: "/us/cfr/t8/s320.2"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "8 CFR § 320.2 - Who is eligible for citizenship?"
title_number: 8
title_name: "Aliens and Nationality"
section_number: "320.2"
section_name: "Who is eligible for citizenship?"
chapter_name: "DEPARTMENT OF HOMELAND SECURITY"
subchapter_number: "C"
subchapter_name: "NATIONALITY REGULATIONS"
part_number: "320"
part_name: "CHILD BORN OUTSIDE THE UNITED STATES AND RESIDING PERMANENTLY IN THE UNITED STATES; REQUIREMENTS FOR AUTOMATIC ACQUISITION OF CITIZENSHIP"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "8 U.S.C. 1103, 1443; 8 CFR part 2."
regulatory_source: "66 FR 32144, June 13, 2001, unless otherwise noted."
cfr_part: "320"
---


# 320.2 Who is eligible for citizenship?

(a) *General.* To be eligible for citizenship under section 320 of the Act, a person must establish that the following conditions have been met after February 26, 2001:

(1) The child has at least one United States citizen parent (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 United States citizen parent, pursuant to a lawful admission for permanent residence.

(b) *Additional requirements if child is adopted.* If adopted, the child must meet all of the requirements in paragraph (a) of this section as well as satisfy the requirements applicable to adopted children under section 101(b)(1) of the Act.