Children and Citizenship: New Guidance from USCIS
Great news for families! The U.S. Citizenship and Immigration Services (USCIS) just released an update on how children can acquire U.S. citizenship. This update clarifies some important points based on public feedback and recent court decisions.
What's New?
Here are some key changes you might want to know about:
Second Chance for Denied Applications: If your application for a Certificate of Citizenship was previously denied but now qualifies under the new guidance, you can request USCIS to reopen your case.
Physical Presence for Parents: A U.S. citizen parent can meet the physical presence requirement before the child's birth, regardless of their immigration status.
Children Born Out of Wedlock: A U.S. citizen mother needs to show only one year of physical presence in the U.S. if the child is born out of wedlock to two U.S. citizen parents and cannot acquire citizenship from the father.
Legal Parentage Matters: To give a child citizenship at birth, a parent must be legally recognized by the relevant jurisdiction at that time.
Becoming a Citizen Before 18: A child must meet all citizenship requirements before they turn 18. If the last requirement is fulfilled on their birthday, it's still considered on time.
Proof of Citizenship: A valid U.S. passport or Consular Report of Birth Abroad (CRBA) is generally accepted as proof of citizenship. However, USCIS might still contact the Department of State in certain situations.
Stepchild Applications: For children who experienced battery or extreme cruelty from a U.S. citizen stepparent, the relationship with the stepparent doesn't need to continue when applying for naturalization.
Looking for More Info?
USCIS has updated their Policy Manual (link to USCIS Policy Manual) with these changes, and you can also find more information on their website about children acquiring citizenship (link to USCIS Children and Citizenship page).
Need Help?
These new guidelines can be complex. If you're unsure about anything or need assistance with your child's citizenship application, on US Immigration Consultants we are a valuable resource. We can help you understand the requirements and ensure your application is complete, increasing your chances of success.