Citizenship for Children of Military Members and Civil Servants Act

Citizenship for Children of Military Members and Civil Servants Act

This bill establishes that a foreign-born child of a U.S. citizen member of the Armed Forces or government employee may automatically acquire U.S. citizenship even if the child is not residing in the United States.

Currently, a foreign-born child automatically acquires U.S. citizenship if the child (1) has at least one parent who is a citizen, (2) is less than 18 years old, and (3) is residing in the United States in the citizen parent's legal and physical custody pursuant to a lawful admission for permanent residence. Under this bill, the third requirement is fulfilled if a foreign-born child is (1) living in the legal and physical custody of the citizen Armed Services member or government employee who has been stationed abroad (or the accompanying spouse of such a citizen), and (2) lawfully admitted for permanent residence in the United States.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2679 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 2679

   To facilitate the automatic acquisition of citizenship for lawful 
    permanent resident children of military and Federal Government 
           personnel residing abroad, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 23, 2019

 Ms. Duckworth (for herself and Mr. Isakson) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
   To facilitate the automatic acquisition of citizenship for lawful 
    permanent resident children of military and Federal Government 
           personnel residing abroad, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Citizenship for Children of Military 
Members and Civil Servants Act''.

SEC. 2. FACILITATING THE AUTOMATIC ACQUISITION OF CITIZENSHIP FOR 
              LAWFUL PERMANENT RESIDENT CHILDREN OF MILITARY AND 
              FEDERAL GOVERNMENT PERSONNEL RESIDING ABROAD.

    (a) In General.--Section 320 of the Immigration and Nationality Act 
(8 U.S.C. 1431) is amended--
            (1) by amending the section header to read as follows: 
        ``children born outside the united states and lawfully admitted 
        for permanent residence; conditions under which citizenship 
        automatically acquired'';
            (2) by redesignating subsection (c) as subsection (d); and
            (3) by inserting after subsection (b) the following:
    ``(c) Subsection (a)(3) shall be deemed to be satisfied with 
respect to a child who is lawfully admitted for permanent residence in 
the United States if the child--
            ``(1) is residing in the legal and physical custody of a 
        citizen parent who is stationed and residing abroad--
                    ``(A) as an employee of the Government of the 
                United States; or
                    ``(B) in marital union with an employee of the 
                Government of the United States; or
            ``(2)(A) is residing in the legal and physical custody of a 
        citizen parent who--
                    ``(i) is stationed and residing abroad as a member 
                of the Armed Forces of the United States; or
                    ``(ii) is authorized to accompany and reside abroad 
                with a member of the Armed Forces of the United States 
                pursuant to the member's official orders, and is so 
                accompanying and residing abroad with the member in 
                marital union; and
            ``(B) is authorized to accompany such member and reside 
        abroad with the member pursuant to the member's official 
        orders, and is so accompanying and residing abroad with the 
        member in the legal and physical custody of the member.''.
    (b) Conforming Amendment.--The table of contents for the 
Immigration and Nationality Act (8 U.S.C. 1101 note) is amended by 
striking the item relating to section 320 and inserting the following:

``Sec. 320. Children born outside the United States and lawfully 
                            admitted for permanent residence; 
                            conditions under which citizenship 
                            automatically acquired.''.
                                 <all>