The U.S. Citizenship and Immigration Services (USCIS) has recently updated its guidance regarding the acquisition of citizenship for children, aiming to clarify and enhance the process. This move, driven by public feedback and aligned with the U.S. Supreme Court decision in Sessions v. Morales-Santana, 582 U.S. 47 (2017), introduces several critical updates to the USCIS Policy Manual.
Here's a detailed look at the key changes and their implications:
1. Reopening Denied Applications
Applicants who previously filed for a Certificate of Citizenship and were denied now have a lifeline. If they become eligible following a change in USCIS policy, they can file a motion to reopen their prior application. This is a significant step towards ensuring fairness and offering second chances to those affected by past policy limitations.
2. Physical Presence Requirement
USCIS has clarified that a U.S. citizen parent can meet the physical presence requirement in the U.S. or its outlying possessions before the child's birth, irrespective of their immigration status. This means that even parents with no formal status can fulfill this condition, broadening the scope for children's citizenship eligibility.
3. Citizenship for Children Born Out of Wedlock
For children born out of wedlock to two U.S. citizen parents, the updated guidance states that if citizenship cannot be acquired from the father, the mother can meet the requirement by showing one year of continuous physical presence in the U.S. or its outlying possessions before the child's birth. This clarification ensures a clearer path to citizenship in these specific circumstances.
4. Legal Parent Recognition
To acquire citizenship at birth, a parent must be legally recognized as such by the relevant jurisdiction at the time of the child's birth. This affirmation ensures that legal parentage aligns with the requirements for citizenship acquisition.
5. Conditions for Acquiring Citizenship
Children must meet all conditions for citizenship under relevant statutes before turning 18. If the last condition is satisfied on the day of the child's 18th birthday, they are still eligible. Similarly, under INA 322, a child's application and oath (if required) must be completed by their 18th birthday to obtain citizenship.
6. Evidence 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 legitimacy of the citizenship claim and may request the Department of State to revoke a passport or cancel a CRBA if discrepancies arise.
7. Nested Claims of Citizenship
When processing claims of U.S. citizenship, USCIS may also need to assess the citizenship status of the applicant's parents or grandparents. This "nested claims" approach ensures thorough verification and accurate adjudication of the applicant's citizenship status.
8. Naturalization for Children Subjected to Abuse
For naturalization applications under provisions for children subjected to battery or extreme cruelty by a U.S. citizen parent, the stepchild relationship does not need to continue at the time of application. This update provides relief to those who might otherwise be ineligible due to the termination of their relationship with the abusive parent.
Updates to Nationality Charts
The Policy Manual also sees various changes to nationality charts, reflecting these new clarifications and ensuring consistency across guidance materials.
Effective Immediately
These updates, detailed in Volume 12 of the USCIS Policy Manual, are effective immediately and apply to all pending and newly filed applications from the date of publication.
Conclusion
USCIS's updated guidance on children's acquisition of citizenship addresses critical issues and provides clearer, fairer pathways for children to obtain U.S. citizenship. At Saluja Law, we commend these efforts and remain committed to supporting families navigating these complex legal landscapes. If you have any questions or need assistance with citizenship applications, please do not hesitate to contact us.
Contact Saluja Law For more information or legal assistance regarding U.S. citizenship and immigration matters, reach out to Saluja Law. Our experienced team is here to help you through every step of the process.