The United States Citizenship and Immigration Services (USCIS) announced today that it is updating its guidance on how children acquire U.S. citizenship. These changes come in response to public feedback, a recent Supreme Court decision, and a need for further clarification on existing policies.
Here are some key points from the new guidance:
Reopening Denied Applications: Applicants who were previously denied a Certificate of Citizenship but become eligible due to policy changes can file a motion to reopen their prior denial.
Physical Presence Requirement: A U.S. citizen parent can meet the physical presence requirement in the U.S. (or its outlying possessions) before the child’s birth, regardless of their immigration status.
Children Born Out of Wedlock: If a child is born out of wedlock to two U.S. citizen parents and cannot acquire citizenship from the father, the mother can meet the requirement by demonstrating one year of continuous physical presence in the U.S. before the child’s birth.
Legal Parent Recognition: For acquiring citizenship at birth, the parent must be recognized as a legal parent by the relevant jurisdiction at the time of the child’s birth.
Age Conditions: A child must meet all conditions for acquiring citizenship before turning 18. If the last condition is met on the child’s 18th birthday, they are still eligible.
Evidence of Citizenship: USCIS accepts a valid U.S. passport or a Consular Report of Birth Abroad (CRBA) as evidence of U.S. citizenship. However, USCIS may request the Department of State to revoke the passport or cancel the CRBA if necessary.
Nested Claims of Citizenship: When adjudicating applications, USCIS will determine the citizenship status of the applicant’s parents or grandparents if it is unclear.
Naturalization for Abused Children: For children of a U.S. citizen who subjected them to battery or extreme cruelty, the stepchild’s relationship with the stepparent does not need to continue at the time of the naturalization application.
This updated guidance is effective immediately and applies to all pending or newly filed applications. For more information, visit the USCIS Policy Alert.
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Susan Shrestha
View More PostsSusan Shrestha is a Europe-based journalist. He covers a wide range of topics, from local matters to global affairs. Shrestha previously worked as a reporter for Khasokhas in Nepal.
