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

United States Citizenship and Immigration Services (USCIS) has recently come to the spotlight for updating guidelines on Children’s acquisition of U.S. citizenship. Before proceeding further with these new US citizenship rules for children it is a must to understand that the USCIS is a federal agency under the Department of Homeland Security that oversees lawful immigration to the United States. Hence this particular update calls for attention from immigrants who are concerned about their children’s citizenship in the U.S.

The already existing rules are so intricate that many find their applications rejected. This new update gives clarifications to such intricacies and opens ways for those who have had their application rejected in previous attempts. The Best Immigration Consultants in Dubai, UAE could provide effective guidance on the changes. However, if you would like to make it on your own, here are some insights.

The Background

The USCIS website has made it clear that the new rules are unleashed in response to public feedback. They also notify that it is also based on the US Supreme Court decision in Sessions v Morales-Santana (2017). Based on these circumstances the USCIS policy manual, which deals with the provisions for Children’s citizenship in the U.S., is getting improvised. Thus it introduces new guidelines and clarifications on the concerned provisions.

The Notified Changes

To begin with, the guidance opens an opportunity for applicants who have already applied for the Certificate of Citizenship and were denied. In case they are eligible as per the new policy they can apply to reopen the rejected application.
The new US citizenship rules for children put that the parent may meet the U.S physical presence requirement before the child’s birth in any immigration status or no status. Volume 12, Part D, Chapter 4 of the USCIS Policy Manual defines physical presence as the “Number of days the applicant must physically be present in the United States during the statutory period up to the date of filing for naturalization”
It is worth noting here that the USCIS counts the days that an applicant departs from the US and returns to the US as days of physical presence.

There are cases where a child is born out of wedlock to two U.S. citizen parents and is unable to acquire U.S. citizenship from the father. In this circumstance, the mother can meet the requirement by providing 1 year of continuous physical presence in the US before the child’s birth.
In order to acquire citizenship at birth, the parent must be recognized as a legal parent by the relevant jurisdiction at the time of the child’s birth. The new rules confirm this case.
It also clarifies that the child must qualify and acquire their citizenship before or on the date they turn 18.
As evidence of US citizenship, the USCIS confirms that it accepts a valid and unexpired passport or a CRBA (Consular Report of Birth Abroad).
The new guidelines also underscore that it has the provision to determine whether the applicant properly acquired citizenship. If necessary they can even request the Department of State to revoke a passport or cancel CRBA before considering the application for a Certificate of Citizenship.

The new US citizenship rules for children also clarify that while reviewing the applicant’s claim for U.S citizenship, they can also review the status of their parents or grandparents. This must be done prior to considering the child’s application.
It also confirms that in the event of cruelty or personal violence by a US citizen step-parent, the stepchild’s relations with this person need not have continued at the time of naturalization.

Conclusion

These US citizenship rules for children released on July 18, 2024, are notified as effective immediately. This implies effectiveness on applications pending or filed at the date of publication.

In case you find your children eligible for US citizenship either by birth or naturalization, born within or outside the US, please follow these updated guidelines. In case you find it overwhelming it is advisable to get help from the best immigration consultants in Dubai, UAE.

In this direction, the assistance of Trenity Consultants will be of high value. Our knowledgeable professionals can guide you through your child’s US citizenship application leaving no stone unturned. Reach out to us for an extensive consultation.

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

The Background

The Notified Changes

Conclusion

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