The U.S. Citizenship and Immigration Services (USCIS) has recently updated its guidance on the acquisition of citizenship for children. This change comes in response to public feedback and a significant Supreme Court decision, Sessions v. Morales-Santana (2017). Here’s a breakdown of the key points:
The Impact of Sessions v. Morales-Santana:
In 2017, the Supreme Court ruled in Sessions v. Morales-Santana that the Immigration and Nationality Act (INA) could not favor unwed U.S. citizen mothers over unwed U.S. citizen fathers regarding their children’s citizenship acquisition. This ruling emphasized that such gender-based differences violated the equal protection clause under the Fifth Amendment. However, it also stated that revising the law is Congress’s responsibility.
Key Updates in the USCIS Guidance:
- Eligibility for Previously Denied Applications:
Applicants who had their certificate of citizenship applications denied can now become eligible under the new USCIS policy.
- Physical Presence Requirement:
U.S. citizen parents can meet the physical presence requirement before their child’s birth, regardless of their immigration status at the time.
- Unwed Parents and Citizenship:
For children born out of wedlock to two U.S. citizen parents, the mother can meet the requirement by showing one year of continuous physical presence in the U.S. before the child’s birth if the child cannot acquire citizenship from the father.
- Legal Parent Recognition:
At the time of the child’s birth, the parent must be legally recognized as the parent by the relevant jurisdiction for the child to acquire citizenship at birth.
- Age Requirements for Citizenship:
Children must meet all conditions for citizenship before turning 18. If the last condition is met on the child’s 18th birthday, they are still eligible. Similarly, for INA 322 applications, the child must take the oath on their 18th birthday if required.
- Evidence of U.S. Citizenship:
Valid and unexpired U.S. passports or Consular Reports of Birth Abroad (CRBA) are accepted as evidence of U.S. citizenship. USCIS may, however, verify the proper acquisition of U.S. citizenship and request the Department of State to revoke these documents if necessary.
- Nested Claims of Citizenship:
When adjudicating applications for a Certificate of Citizenship, USCIS will also determine the citizenship status of the applicant’s parents or grandparents if their status is unclear or unknown.
- Naturalization Applications for Stepchildren:
For naturalization applications filed under provisions for children subjected to battery or extreme cruelty by a U.S. citizen, the relationship with the stepparent does not need to exist at the time of the application.
Why These Updates Matter:
These updates ensure a more equitable and clear process for children acquiring U.S. citizenship. By addressing gender-based disparities and providing clear guidance on eligibility and documentation, USCIS is making the path to citizenship more straightforward for many families. If you believe you or your child may be affected by these changes, consulting with an immigration attorney (like one at Berardi Immigration Law,) can provide personalized guidance and support.
Ready to have Berardi on your side?
Whether you’re a business looking to hire or a professional hoping to relocate, immigration law can be complicated. But you don’t have to do it alone. Put our experience to work for you.