On September 23, 2019, the United States Citizenship and Immigration Services (USCIS) issued an alert regarding updates to their guidance on determining custody for children acquiring US citizenship.
This update comes as a response to the increasing number of cases involving children born abroad to US citizen parents, where the child’s citizenship status is in question due to issues surrounding custody and legal guardianship.
According to the new guidance, USCIS officers will now consider a broader range of evidence in determining whether a child born abroad to a US citizen parent is considered to have acquired citizenship at birth. This includes considering the child’s physical presence in the US, the legal relationship between the child and the US citizen parent, and any other relevant factors such as the child’s ties to the US.
In cases where the child’s parents are not married, USCIS will look at the laws of the country where the child was born to determine if the child is considered to have been born in wedlock, and therefore, if the child has acquired US citizenship at birth.
This update is a significant change from previous guidance which focused primarily on the child’s physical presence in the US and the marital status of the child’s parents.
USCIS has also clarified that a child may acquire US citizenship at birth if they are born to a US citizen parent who was previously married to a non-US citizen, as long as the child meets all other requirements for citizenship.
This update is a positive step towards ensuring that children born abroad to US citizen parents are not unfairly denied their rightful citizenship due to issues surrounding custody and legal guardianship. It also provides a more comprehensive and flexible approach to determining citizenship for these children.
If you or someone you know is in the process of acquiring US citizenship for a child born abroad, it is important to consult with an experienced immigration attorney for guidance on how these updates may impact your case. USCIS has also provided a list of frequently asked questions on their website for further clarification.
Overall, this update is a welcome change that reflects USCIS’s commitment to protecting the rights of children and ensuring fair and just outcomes for families seeking US citizenship.