The U.S. Citizenship and Immigration Services (USCIS) has modified some rules about how children can become citizens. Influenced by feedback from the public and a decision by the U.S. Supreme Court, the updates aim to clarify the process. The new rules apply right away to applications that are pending or filed after July 18, 2024. Here are some key points:
You can reopen your denied application
The recent USCIS policy updates have changed some of the eligibility rules. If your children are now eligible under the new updates, you can request to reopen their denied application.
Significant updates to the definition of “physical presence”
Physical presence means the time you spend in the United States, even if you don’t have a permanent home here. Updates include time spent regardless of citizenship status, but the requirements vary per situation and can be complicated. To fully understand how it will impact you and your family, it’s crucial to speak with an experienced immigration attorney.
They addressed the Supreme Court ruling for children born out of wedlock
The recent update affects situations where a child is born to unmarried parents and cannot obtain citizenship from the father. Before the Sessions v. Morales-Santana ruling, mothers only needed to prove one year of continuous physical presence in the United States or its territories before the child’s birth.
However, the U.S. Supreme Court now requires a 5-year physical presence for all cases involving children born out of wedlock outside the U.S., regardless of the parent’s gender. This new standard applies only to children born after June 12, 2017.
Special provisions for the naturalization of stepchildren
If a child was mistreated or harmed by their U.S. citizen parent, they are still eligible for naturalization under the spousal naturalization process without needing to meet the following requirements:
- Living with a U.S. citizen parent for at least three years before applying.
- Having a U.S. citizen parent during the whole naturalization process.
The USCIS clarifies that this particular provision also applies to stepchildren of a U.S. citizen’s spouse who suffered abuse from their U.S. citizen partner.
Navigate these updated guidelines with ease
Applying for citizenship can be a complicated process, but it might just be the right choice for your child’s future.
