Policy Update for Children’s Acquisition of U.S. Citizenship

On July 18, 2024, USCIS released an updated policy memo regarding guidelines for children’s acquisition of citizenship incorporating feedback from the public and aligning with the U.S. Supreme Court decision in Sessions v. Morales-Santana. The updated policy guidance clarifies eligibility criteria, application procedures and reevaluates denials in accordance with the parent’s immigration status at the child’s time of birth.

Learn the best ways to obtain a family green card.

Specifically the policy update outlines the following points:

• Asserts that applicants who previously filed an application for a Certificate of Citizenship (and received a denial) but who now qualify under the changes outlined in the USCIS policy, can file a motion to reopen their application.
• Provides clarification that a U.S. citizen parent may meet the physical presence requirement prior to the child’s birth while in any immigration status (or no status).
• In instances where the child is born to two U.S. citizen parents out of wedlock and is not able to get U.S. citizenship from the father, the mother would meet the requirement by proving one year of continuous physical presence in the U.S. or one of the outlying possessions prior to the child’s birth.
• When it comes to acquiring citizenship at birth USCIS that the parent must be acknowledged as the legal parent of the child by the presiding jurisdiction when the child is born.
• Clarifies that if the child meets all the requirements for citizenship before turning 18, they are deemed eligible even if they complete the process on their 18th birthday. For citizenship applications under INA 322, if USCIS approves the application and the child takes the oath of the day of their 18th birthday, they are still eligible.
• USCIS recognizes that a valid U.S. passport or Consular Report of Birth Abroad is accepted as proof of citizenship. However, USCIS will check if the citizenship was acquired correctly and may ask the Department of State to cancel the passport or CRBA before deciding on a Certificate of Citizenship application.
• Clarifies processes where USCIS handles cases that they not only decide on an applicant’s own claim to U.S. citizenship but also on claims for their parents or grandparents (known as “nested claims”). When processing applications for a Certificate of Citizenship, if there’s uncertainty about whether the applicant’s parents are U.S. citizens, the officer needs to first establish the citizenship status of the parents (and possibly grandparents) before deciding on the applicant’s citizenship.
• Clarifies that in cases where an applicant for naturalization was subjected to physical abuse, a stepchild’s relationship with the U.S. citizen stepparent does not need to continue to exist at the time of the application for naturalization.

Curious about family green card processing times in 2024? Check out this processing time complete guide! 

To learn more about the policy changes or how this affects your current case it’s best to schedule a consultation with an immigration attorney.