USCIS ISSUES POLICY GUIDANCE ON CHILDREN’S ACQUISITION OF CITIZENSHIP
On July 18, 2024, the U.S. Citizenship and Immigration Services (USCIS) announced intentions to update guidance in the USCIS Policy Manual regarding provisions for children’s acquisition of citizenship. Based on public feedback and the U.S. Supreme Court decision in Sessions v. Morales-Santana, 582 U.S. 47 (2017), USCIS decided to clarify provisions related to the acquisition of U.S. citizenship.
This guidance was effective on July 18, 2024, and applies to applications that are pending or filed on or after the date of the Policy Alert publication.
The guidance:
Affirms that applicants who already filed an application for a Certificate of Citizenship and were denied, but become eligible following a change in USCIS policy, may file a motion to reopen the prior USCIS denial of their application.
Clarifies that a U.S. citizen parent may meet the requirement of physical presence in the United States (or outlying possession) before the child’s birth while in any immigration status, or no status.
Clarifies that in cases where a child is born out of wedlock to two U.S. citizen parents and cannot acquire U.S. citizenship from the father, the mother meets the requirement by demonstrating 1 year of continuous physical presence in the United States or one of its outlying possessions before the child’s birth.
Affirms that, for purposes of acquiring citizenship at birth, USCIS requires that a parent must be recognized as a legal parent of the child by the relevant jurisdiction at the time of the child’s birth.
Clarifies that a child acquires citizenship under statutes requiring all conditions to be met while the child is under 18 years of age if the last condition was satisfied on the day of the child’s 18th birthday. Similarly, a child is eligible to obtain citizenship under INA 322 if USCIS approves the application and the child takes the oath (if required) on the day of the child’s 18th birthday.
Confirms that USCIS accepts a valid and unexpired U.S. passport or a Consular Report of Birth Abroad (CRBA) as evidence of U.S. citizenship. However, USCIS also determines whether the applicant properly acquired U.S. citizenship and if necessary, may request that the Department of State (DOS) revoke the U.S. passport or cancel the CRBA before USCIS adjudicates an application for a Certificate of Citizenship.
Clarifies processes when USCIS, in addition to an applicant’s claim of U.S. citizenship, adjudicates claims to U.S. citizenship for an applicant’s parents or grandparents (sometimes called “nested claims of U.S. citizenship”). When adjudicating applications for a Certificate of Citizenship, if an applicant’s parent or parents’ U.S. citizenship is unknown or unclear, the officer must determine the applicant’s parents’ (and, if necessary, grandparents’) U.S. citizenship status before adjudicating the applicant’s citizenship claim.
Clarifies that for purposes of an application for naturalization filed under the provision for children of a U.S. citizen who subjected them to battery or extreme cruelty, a stepchild’s relationship with the U.S. citizen stepparent does not need to continue to exist at the time of the application for naturalization.
The update also includes various changes to nationality charts in the Policy Manual. If you have specific questions about naturalization options, please schedule a consultation with one of our expert attorneys.
To see the USCIS alert, click here.
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