The United States Citizenship and Immigration Services (USCIS) has recently issued an update to its Policy Manual regarding the acquisition of citizenship for children. This change is in response to public feedback and a significant Supreme Court ruling, and it includes several clarifications and new provisions that can affect many families. Read this blog and reach out to a New York immigration lawyer from the Lightman Law Firm to learn about this update, what it means, and how it might impact you or your loved ones. Here are some of the questions you may have:
What Should You Do If Your Application Was Previously Denied?
One of the critical updates in the new USCIS guidance is the affirmation that individuals who previously filed an application for a Certificate of Citizenship and were denied can now file a motion to reopen their case if they become eligible under the new policies. This provision offers a vital opportunity for families who may have faced previous setbacks due to the earlier interpretation of the law.
How Can a U.S. Citizen Parent Meet the Physical Presence Requirement?
The updated guidance clarifies that a U.S. citizen parent can fulfill the physical presence requirement in the United States (or its outlying possessions) before the child’s birth, regardless of their immigration status at that time. This broadens the scope significantly, making it easier for many parents to establish the necessary residency history to transmit citizenship to their children.
What If a Child Is Born Out of Wedlock?
In situations where a child is born out of wedlock to two U.S. citizen parents and cannot acquire citizenship through the father, the mother can now satisfy the physical presence requirement by demonstrating one year of continuous physical presence in the United States or its outlying possessions before the child’s birth. This change aims to ensure that children born in less traditional family structures can still secure their rightful citizenship.
What Are the Requirements for Citizenship at Birth?
The guidance reaffirms that for a child to acquire citizenship at birth, the parent must be legally recognized as such by the relevant jurisdiction at the time of the child’s birth. This provision ensures legal consistency and clarity in the application process.
How Does the Age Requirement Work for Citizenship for Children?
For statutes requiring all conditions for acquiring citizenship to be met while the child is under 18, the updated guidance clarifies that the last condition can be fulfilled on the child’s 18th birthday. Similarly, under the Immigration and Nationality Act (INA) 322, a child remains eligible for citizenship if USCIS approves the application and the child takes the oath (if required) on their 18th birthday.
What Documents Are Accepted as Proof of Citizenship for Children?
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 right to verify proper acquisition of citizenship and may request the Department of State to revoke a U.S. passport or cancel a CRBA if necessary, before adjudicating an application for a Certificate of Citizenship.
How Are Nested Claims of U.S. Citizenship for Children Handled?
The new guidance clarifies the process for adjudicating claims to U.S. citizenship that involve an applicant’s parents or grandparents, often referred to as “nested claims.” If the citizenship status of the applicant’s parents or grandparents is unclear, USCIS officers must determine their status before deciding on the applicant’s claim.
What Is the Provision for Children Subjected to Battery or Extreme Cruelty?
For children applying for naturalization under provisions for those subjected to battery or extreme cruelty by a U.S. citizen parent, it is clarified that a stepchild’s relationship with the stepparent does not need to continue at the time of the application. This ensures protection and support for vulnerable children seeking citizenship.
