The U.S. Citizenship and Immigration Services (USCIS) recently issued a policy update surrounding the guidelines on the acquisition of citizenship for children. The policy manual was updated on August 28, 2019, presenting significant changes in identifying the necessary criteria for children to acquire citizenship.
The new guidelines state that a U.S. citizen child living outside the U.S. with their U.S. citizen parent falls under the category of ‘residing in the United States’ for the acquisition of citizenship under INA 320. Thus, assigning the same interpretation to ‘residing in the United States’ for children of U.S. service members and U.S. government employees stationed outside the country who were not citizens by birth, but had satisfied all other requirements.
Also, honoring the service of military members and government employees, the USCIS has extended special exemptions to children not living in the U.S. In this context, to fulfill the INA 322 requirements, these children may consider any period of residence abroad as physical presence in the U.S. if their parent is a U.S. government employee or a member of the U.S. armed forces and is deployed outside the U.S.
The new policy guidance comes as a response to the inconsistencies in the previously existing immigration laws. It’s crucial for immigration attorneys, clients, and stakeholders to appreciate the reshaped rules for achieving a more just immigration system. The USCIS continues to work on clarifying policy directions based on comprehension of immigration statutes, regulations, and historical practices.
However, it would be noteworthy to remember that these new procedures outlined under the INA 320 and INA 322 apply only to those children who were previously categorized as not residing in the United States. The rules also highlight that the eligibility requirements may vary, and it is crucial to review each case based on individual circumstances.
To conclude, the new USCIS policy manual on children’s acquisition of citizenship marks an important juncture in understanding and addressing the acquisition of citizenship. It deeply respects the commitment of U.S. service members and government employees stationed overseas while ensuring fair and just implications of the immigration laws for their children.
In providing these newer immigration guidelines, the USCIS has indeed taken a step forward towards solidifying and better defining the rules surrounding citizenship acquisition for children of U.S. citizens living abroad. Immigration attorneys and their clients must understand these updated policy guidelines for the smooth and efficient navigation of their immigration procedures.
This article used information obtained from an article on the USCIS website. (https://www.uscis.gov/newsroom/alerts/uscis-issues-policy-guidance-on-childrens-acquisition-of-citizenship)
