New U.S. Citizenship Rules for Children Effective July 2024

Highlights: USCIS announces new U.S. Citizenship Rules for Children from July 2024

• The USCIS has announced to update the Policy Manual dealing with provisions or children's acquisition of Citizenship.
• The updates are based on decisions of the U.S. Supreme Court in Sessions v. Morales –Santana (2017).
• The USCIS is also considering public opinion to clarify other provisions related to citizenship acquisition.
• The new changes are applicable to pending or filed U.S. citizenship applications.

 

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 New changes to the U.S. Policy Guidance

The USCIS is improvising the USCIS Policy Manual, which deals with the provisions for children's Citizenship in the U.S. The new changes are based on public opinion as well as the decision of the U.S. Supreme Court in Sessions v. Morales–Santana (2017).

 

The new changes in the USCIS Policy Manual states that:

 

• Eligible candidates who were denied their Citizenship Certificate can file a motion to reopen their previous application.
• The U.S. citizen parent must meet the U.S. residency requirement before the child's birth in any immigration status.
• At least one parent should meet the physical presence requirement in the U.S. for the child to be eligible for U.S. citizenship.
• Children claiming U.S. citizenship by birth must be born to legal parents as per the jurisdiction of relevant authorities.
• S. Citizenship applicants below 18 must meet all other requirements by their 18^th birthday. They should also take the citizenship oath on their 18^th birthday (if required).
• An unexpired or valid U.S. passport or a Consular Report of Birth Abroad (CRBA) can be used as evidence of U.S. Citizenship if the candidates have acquired Citizenship by fair means.
• For nested Citizenship claims in the U.S., the immigration officer can determine the parents or grandparents if required.
• Citizenship applications filed by stepchildren of U.S. citizens and/or children who were victims of extreme cruelty do not need to provide relationship details of their U.S. Citizen stepparents.

 

The changes mentioned above are issued with immediate effect and are applicable to all pending citizenship applications or the ones filed on or after the announcement of changes.

 

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