The U.S. Citizenship and Immigration Services (USCIS) has announced important updates to its Policy Manual regarding the acquisition of citizenship for children. These updates respond to public feedback and are influenced by the U.S. Supreme Court decision in Sessions v. Morales-Santana (2017). Here’s a summary of the key changes:
Key Updates in the USCIS Policy
1. Motion to Reopen Denied Applications
Applicants who previously filed for a Certificate of Citizenship and were denied may now file a motion to reopen their case if they become eligible following a change in USCIS policy.
2. Physical Presence Requirement for U.S. Citizen Parents
A U.S. citizen parent can meet the requirement of physical presence in the United States (or an outlying possession) before the child’s birth in any immigration status, or even without any status.
3. Children Born Out of Wedlock to Two U.S. Citizens
In cases where a child is born out of wedlock to two U.S. citizen parents and cannot acquire U.S. citizenship from the father, the mother can fulfill the requirement by demonstrating one year of continuous physical presence in the United States or its outlying possessions before the child’s birth.
4. Legal Parent Recognition
For purposes of acquiring citizenship at birth, USCIS requires that a parent be recognized as the legal parent of the child by the relevant jurisdiction at the time of the child’s birth.
5. Acquisition of Citizenship Before Age 18
Children must meet all conditions required for citizenship before their 18th birthday. A child is eligible to obtain citizenship under INA 322 if USCIS approves the application and the child takes the oath (if required) on the day of the child’s 18th birthday.
6. Valid Proof 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 retains the authority to verify the proper acquisition of U.S. citizenship and may request the Department of State to revoke the U.S. passport or cancel the CRBA before adjudicating an application for a Certificate of Citizenship.
7. Adjudicating Claims of Citizenship
When adjudicating applications for a Certificate of Citizenship, if an applicant’s parent or parents’ U.S. citizenship is unclear, USCIS must determine the citizenship status of the parents (and, if necessary, grandparents) before adjudicating the applicant’s claim.
8. Naturalization for Abused Children
For applications filed under provisions for children of a U.S. citizen who subjected them to battery or extreme cruelty, a stepchild’s relationship with the U.S. citizen stepparent does not need to continue at the time of the application for naturalization.
Nationality Charts Updates
The update also includes various changes to nationality charts in the USCIS Policy Manual, providing clearer guidance on nationality issues.
Effective Date
This guidance, contained in Volume 12 of the Policy Manual, is effective immediately and applies to applications that are pending or filed on or after the date of publication. For more detailed information, you can visit the official USCIS announcement here.
Conclusion
The USCIS updates aim to simplify and clarify the process for children’s acquisition of citizenship. These changes reflect USCIS’s commitment to addressing public feedback and adhering to legal standards, ensuring a fair and transparent process for all applicants.
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