On September 18, 2020, United States Citizenship and Immigration Services (USCIS) updated its policy guidance prompted by the recently enacted Citizenship for Children of Military Members and Civil Servants Act. This new law reverses a previous policy change enacted by USCIS in August 2019.

Under this new law, a child born outside of the United States acquires automatic citizenship under Section 320 of the Immigration and Nationality Act (INA) even when the child is residing outside the United States, in cases where the child is a lawful permanent resident (LPR) and is in the legal and physical custody of that child’s U.S. citizen parent.

This U.S. citizen parent must either be stationed and residing outside of the United States as a member of the U.S. armed forces or as an employee of the U.S. government or that U.S. citizen parent is the spouse residing outside of the United States in a marital union with a U.S. armed force member or U.S. government employee who is stationed outside of the United States.

The child must meet all applicable requirements for automatic acquisition of citizenship except the residence requirement under INA 320(a) and (b). In these cases involving members of the U.S. armed forces, the child and U.S. citizen parent must be authorized to accompany and reside abroad with the armed forces member pursuant to the member’s official orders.

This change applies to eligible children who were under the age of 18 on March 26, 2020.

If this policy change affects you or someone you know and you are in need of legal assistance, please contact our knowledgeable staff at International Legal and Business Services Group for someone who may be able to assist you.

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