The United States of America president, Donald Trump after reasserting his wish to do away with automatic citizenship for anyone born in the United States, he has through a new policy alert released by the US Citizenship and Immigration Services under his supervision cancelled the automatic citizenship for the children of some US service members and US government employees living abroad and children of non-citizens born in the United States.
Under the new citizenship policy which will be effective from October 29 as announced on Wednesday August 28, US citizens who gave birth to their children abroad are expected to apply for U.S. citizenship ahead of the child’s 18th birthday.
Non-citizens are also expected to stay for at least 6 weeks in the US before their children born in the country will be considered citizens.
“Effective October 29, 2019, children residing abroad with their U.S. citizen parents who are U.S. government employees or members of the U.S. armed forces stationed abroad are not considered to be residing in the United States for acquisition of citizenship,” the policy read.
“Similarly, leave taken in the United States while stationed abroad is not considered residing in the United States even if the person is staying in property he or she owns.
“Therefore, U.S. citizen parents who are residing outside the United States with children who are not U.S. citizens should apply for U.S. citizenship on behalf of their children under INA 322 8, and must complete the process before the child’s 18th birthday.
“The child of a member of the U.S. armed forces accompanying his or her parent abroad on official orders may be eligible to complete all aspects of the naturalization proceedings abroad. This includes interviews, filings, oaths, ceremonies, or other proceedings relating to naturalization.
“Applications filed on or after October 29, 2019 are subject to this policy. The policy in place before October 29, 2019 applies to applications filed before that date. Children who have already been recognized through the issuance of a Certificate of Citizenship as having acquired U.S. citizenship under INA 320 are not affected by this policy change.”
The official provided three examples of children who would be affected by the rule.
If a child born abroad who is not a green card holder is adopted by U.S. citizen parents, that child under the new policy will no longer automatically be granted citizenship.
The change would also affect children of non-citizens, U.S. service members or government employees who naturalize — that is, who become citizens themselves — after the child’s birth.
Additionally, a child born abroad to two U.S. citizens who do not meet the U.S. residence requirements under existing law to transmit citizenship to their children would be affected.
Children affected by these new guidelines will still have the following pathways to U.S. citizenship, according to USCIS:
The child can become a green card holder, move back to the U.S. and live there with his or her parents.
This is what would count as “residing” in the U.S. for the purposes of acquiring U.S. citizenship.
The child can also become a citizen while still abroad if the U.S. citizen parent or parents apply for citizenship on their child’s behalf under a different section of immigration law.
Under one of the requirements of the second option, the families would need to travel to the U.S. and have the children take an oath of citizenship.
However, the USCIS official said military family members are authorized under U.S. law to process the entire application overseas, including the giving of the oath to their children.