U.S. Citizenship and Immigration Services (USCIS) is updating guidance in their Policy Manual regarding children’s acquisition of U.S. citizenship. The updates are effective immediately. Various aspects related to U.S. citizenship for children. The update also considers the decision by the U.S. Supreme Court regarding gender of a child born abroad, when one parent is a U. S. citizen, the other, a citizen of another nation.

Updates

  • Applicants previously denied after submitting an application for a Certificate of Citizenship who subsequently became eligible following a change of USCIS policy can file a motion to reopen the previously denied application.
  • A U.S. citizen parent may meet the U.S. physical presence requirement prior to the child’s birth in any immigration status, or no status.
  • Where a child is born out of wedlock to two U.S. citizen parents and cannot obtain U.S. citizenship through the father, the mother meets the requirement by proving one year of continuous physical presence in the U.S. or outlying possessions one year prior to the date of birth.
  • Confirmation of the USCIS requirement that a parent must be recognized as a legal parent of a child at the time of the child’s birth.
  • Clarification that the child must qualify and acquire U.S. citizenship prior and up to their 18th birth date.
  • USCIS confirms an unexpired and valid U.S. passport or a Consular Report of Birth Abroad (CRBA) is sufficient evidence of U.S. citizenship. However, USCIS will determine whether the U.S. citizenship was properly acquired, with the ability to cancel or revoke the CRBA or passport prior to considering the application for a Certificate of Citizenship.
  • When USCIS reviews the applicant’s claim of U.S. citizenship, they can also review the applicant’s parents or grandparents’ status. Parental U.S. citizenship status must be determined prior to considering the child’s application.
  • If the child has been subjected to cruelty or battery from their U.S. citizenship parent, the stepchild’s relationship with the U.S. citizen parent does not need to continue at the time of application for naturalization.

Additional updates to the nationality charts are also included. The updated guidance is effective immediately and applies to open, pending, or filed applications on or after the date of publication.

As always, ILBSG actively monitors ongoing updates to U.S. immigration policy. If you have questions about any family-based visa issue, or any U.S. immigration topic, contact us. Our team of experienced attorneys work directly with our clients to ensure they get the right advice to optimize the odds of a successful outcome.

U.S. citizenship U.S. citizenship for children