Naturalization Policy Alert for Children

USCIS issues a policy alert on naturalization of children of U.S. citizens

On September 26, 2018, USCIS issued policy guidance that amended its policy manual to clarify special naturalization provisions for children. The policy guidance supersedes any previous guidance.

Section 319(a) in the Immigration and Nationality Act allows spouses of U.S. citizens who live in the United States to be eligible to naturalize. Children who are not already U.S. citizens may also qualify to naturalize under this section as well. To do so, these children of U.S. citizens must be at least 18 years old.

The Clarifications

Qualified persons now include children who obtained lawful permanent residence due to being battered or subjected to extreme cruelty. Children of deceased U.S. armed forces members who died during honorable service may also qualify.

Children are not required to have lived with their U.S. citizen parent for the three years that are usually required for the naturalization process. And, the policy also exempts the surviving children of U.S. armed forces members who qualify from having residence and physical presence required for naturalization.

The guidance took effect on September 26, 2018, the date of its publication, and comments on the policy are due no later than October 9, 2018.

For further information

Read our other posts on naturalization, including fees, the form, and the issues USCIS face processing the naturalization petitions last year.

This blog post does not serve as legal advice and does not establish any client-attorney privilege. Do not take any action based on the information contained in this post without consulting a qualified immigration attorney. If you have any questions, please do not hesitate to contact our legal team directly.

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This information comes from AILA Doc. No. 18092605.