New Rules for U.S. Citizenship for Children Effective July 2024
USCIS: New Citizenship Rules for Children in July 2024 The USCIS is revising its Policy Manual to address children's citizenship eligibility, based on the Supreme Court’s Sessions v.
USCIS: New Citizenship Rules for Children in July 2024
The USCIS is revising its Policy Manual to address children's citizenship eligibility, based on the Supreme Court’s Sessions v. Morales-Santana (2017) decision. These updates will impact both pending and newly filed U.S. citizenship applications. The USCIS is also soliciting public feedback to clarify additional aspects of citizenship acquisition. The changes aim to align current policies with recent judicial interpretations and enhance clarity in the application process.
New Policy Guidance on Children's Citizenship
The USCIS is revising its Policy Manual, which outlines the rules for how children can become U.S. citizens. This update is driven by two factors: the Supreme Court’s 2017 ruling in Sessions v. Morales-Santana, which clarified citizenship laws, and input from the public regarding the current guidelines. The changes will impact both applications that are currently being processed and those that will be submitted in the future. By updating these rules, the USCIS aims to provide clearer, more consistent guidance in line with recent legal interpretations and public feedback. This will help ensure that the process for children seeking U.S. citizenship is both fair and straightforward.
New Provisions in the USCIS Policy Manual states:
The updated USCIS Policy Manual introduces several key revisions. Individuals whose applications for a Citizenship Certificate were denied now have the option to request a review of their previous applications. A U.S. citizen parent must meet the residency requirement prior to the child’s birth, regardless of their immigration status. Additionally, at least one parent must satisfy the physical presence requirement in the U.S. for the child to qualify for citizenship. Children claiming citizenship by birth must be born to parents who are legally recognized according to the relevant authorities.
Applicants under the age of 18 must fulfill all requirements by their 18th birthday and take the citizenship oath on that day if required. Proof of citizenship can be demonstrated with an unexpired U.S. passport or a Consular Report of Birth Abroad (CRBA) if the citizenship was obtained through lawful means. For nested citizenship claims, immigration officers have the authority to verify the status of parents or grandparents as needed. Furthermore, stepchildren of U.S. citizens and children who have suffered extreme cruelty are exempt from providing details about their U.S. citizen stepparents.
