In a significant move, the U.S. Citizenship and Immigration Services (USCIS) has updated its policy guidance concerning the acquisition of U.S. citizenship for children. This revision, reflected in the USCIS Policy Manual, incorporates feedback from the public and aligns with recent legal precedents, including the U.S. Supreme Court’s decision in Sessions v. Morales-Santana (2017). The updates aim to clarify and streamline processes related to children’s citizenship claims, ensuring greater accuracy and fairness in adjudications.
Key Updates to USCIS Policy
1. Reopening Denied Applications
USCIS now affirms that applicants who were previously denied a Certificate of Citizenship but have since become eligible due to changes in policy can file a motion to reopen their earlier denial. This provision offers a crucial opportunity for applicants to revisit their cases under the new guidance.
2. Physical Presence Requirements
The revised guidance clarifies that a U.S. citizen parent can meet the requirement of physical presence in the U.S. or its outlying possessions before the child’s birth while in any immigration status, or even with no status at all. This change aims to address complexities surrounding proof of physical presence and enhance accessibility for applicants.
3. Citizenship for Children Born Out of Wedlock
For children born out of wedlock to two U.S. citizen parents, the updated policy specifies that if a child cannot acquire citizenship from the father, the mother must demonstrate one year of continuous physical presence in the U.S. or its outlying possessions before the child’s birth. This update aims to provide clarity and consistency in cases of citizenship acquisition.
4. Legal Parentage Requirement
To acquire citizenship at birth, USCIS now requires that a parent must be recognized as the child’s legal parent by the relevant jurisdiction at the time of the child’s birth. This adjustment ensures that citizenship claims are based on legal parentage recognized by law.
5. Age and Citizenship Requirements
Under the new guidance, a child acquires citizenship if all conditions were met before their 18th birthday. Similarly, for applications under INA 322, USCIS will consider an application approved and the child eligible for citizenship if the oath (if required) is taken on the child’s 18th birthday.
6. Evidence of 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 retains the authority to request that the Department of State revoke or cancel these documents if needed to properly adjudicate an application for a Certificate of Citizenship.
7. Nested Claims of Citizenship
The guidance now includes specific procedures for adjudicating nested claims of citizenship, where an applicant’s claim involves verifying the citizenship status of their parents or grandparents. This ensures that all relevant citizenship claims are thoroughly assessed.
8. Naturalization for Children Subjected to Extreme Cruelty
For naturalization applications filed under provisions for children of U.S. citizens who were subjected to battery or extreme cruelty, the stepchild’s relationship with the U.S. citizen stepparent does not need to continue at the time of the application. This change provides flexibility for applicants in challenging circumstances.
9. Updates to Nationality Charts
The policy manual also includes various changes to nationality charts, reflecting the latest updates and ensuring that applicants have accurate information regarding citizenship provisions.
Effective Date
This updated guidance, contained in Volume 12 of the USCIS Policy Manual, is effective immediately. It applies to all applications pending or filed on or after the publication date, ensuring that all applicants benefit from these clarified policies.
The revised guidance represents USCIS’s commitment to ensuring fair and transparent processes in the determination of children’s acquisition of citizenship, aligning policy with current legal standards, and addressing feedback from the public.
For more information, see the Policy Alert (PDF, 346.57 KB).
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