The U.S. Citizenship and Immigration Services (USCIS) has announced important updates to the rules for children acquiring U.S. citizenship. These changes, which are effective immediately, come in response to public feedback and the Supreme Court ruling in Sessions v. Morales-Santana (2017). The goal is to simplify the citizenship process for children and clarify existing laws.
Policy Changes Enforced by USCIS
One significant update is that individuals who were previously denied a Certificate of Citizenship but are now eligible due to policy changes can file a motion to reopen their case. Additionally, USCIS has clarified that U.S. citizen parents can meet the physical presence requirement in the U.S. before their child’s birth, regardless of their immigration status at the time. This is a crucial clarification for parents with diverse immigration backgrounds.
The updated rules also address situations where children are born out of wedlock to U.S. citizen parents, allowing citizenship to be acquired through the mother under specific conditions. USCIS now requires that the legal parent must be recognized by the relevant jurisdiction at the child’s birth for citizenship at birth.
Moreover, the updated rules state that a child can gain citizenship if all necessary conditions are fulfilled by their 18th birthday, even if the final condition is met on that specific day. Similarly, under INA 322, a child qualifies for citizenship if USCIS approves the application and the required oath is taken on their 18th birthday.
Contact an Experienced Immigration Attorney Today
Understanding these new guidelines can be difficult, but Rahimi Law Firm P.C. is here to help. Our team specializes in immigration law and can assist you in understanding and applying these new rules to secure your child’s citizenship. Whether you need help reopening a past denial or have questions about eligibility, Rahimi Law Firm P.C. is ready to provide expert support and guidance. Contact us today.