USCIS has updated its guidance on the acquisition of citizenship for children. These updates, effective immediately, bring clarity and new provisions to the USCIS Policy Manual, specifically affecting Volume 12. Here’s a detailed look at the changes and what they mean for applicants and their families.
KEY UPDATES TO THE GUIDANCE
1. Reopening Denied Applications
Applicants who were previously denied a Certificate of Citizenship but are now eligible due to changes in USCIS policy can file a motion to reopen their cases. This provision ensures that deserving applicants have another chance to secure their citizenship status.
2. Physical Presence Requirements for U.S. Citizen Parents
USCIS now clarifies that a U.S. citizen parent can meet the physical presence requirement before the child’s birth while in any immigration status, or even with no status at all. This flexibility helps many parents who were previously uncertain about their eligibility.
3. Citizenship for Children Born Out of Wedlock
For children born out of wedlock to two U.S. citizen parents, if the child cannot acquire citizenship from the father, the mother can now fulfill the requirement by demonstrating one year of continuous physical presence in the U.S. or its outlying possessions before the child’s birth.
4. Legal Parent Recognition
USCIS affirms that 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. This clarification helps ensure consistency in the application of citizenship laws.
5. Age Requirements for Citizenship Acquisition
A child must meet all the conditions for acquiring citizenship while under 18 years of age. If the last condition is met on the child’s 18th birthday, the child remains eligible. Similarly, under INA 322, if USCIS approves the application and the child takes the oath (if required) on their 18th birthday, they are eligible for citizenship.
6. Valid Evidence of U.S. Citizenship
USCIS will accept a valid and unexpired 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, before adjudicating a Certificate of Citizenship application.
7. Nested Claims of U.S. Citizenship
When adjudicating citizenship claims, if the applicant’s parents’ or grandparents’ citizenship status is unclear, USCIS will determine their status before proceeding with the applicant’s claim. This ensures that all lineage-based claims are thoroughly vetted.
8. Naturalization for Children of Abusive U.S. Citizens
For children applying for naturalization under provisions for those subjected to battery or extreme cruelty by a U.S. citizen parent, the stepchild’s relationship with the stepparent does not need to exist at the time of application. This update offers protection and a pathway to citizenship for children in vulnerable situations.
CHANGES TO NATIONALITY CHARTS
The updates also include various changes to nationality charts in the Policy Manual, providing more detailed and precise information for applicants and legal practitioners.
WHAT THIS MEANS FOR YOU
These updates aim to address inconsistencies and provide clearer guidance for families navigating the citizenship process. If you believe you may be affected by these changes or have questions about how they apply to your situation, ALO is here to help.
For more detailed information and personalized assistance, please contact us at ALO. Your path to citizenship may now be clearer and more achievable than ever before.
This article, under no circumstances, acts as legal advice; therefore, for any immigration questions, please contact your Attorney or the Ahluwalia Law Offices, P.C. (Team ALO).
