U.S. Citizenship and Immigration Services (USCIS) released updated guidelines for children of U.S. citizens seeking citizenship through their parents. The new rules clarify custody requirements for both derivative and acquired citizenship. Here are the key updates:

• Legal Custody of the Child: USCIS now provides clearer rules on when a child is considered to be in the legal custody of their U.S. citizen parent, including cases where custody orders are retroactive or private custody agreements exist.
• Uncontested Custody: If a U.S. citizen parent has uncontested custody of a child and no court order specifies otherwise, that parent is considered to have legal custody for citizenship purposes.
• Physical Custody: If the child lives with the U.S. citizen parent, that parent is considered to have physical custody.
• Derivative Citizenship: There is additional guidance on how children can derive U.S. citizenship from their parents before the Child Citizenship Act of 2000, including detailed explanations of custody requirements.
• Oath of Allegiance: A Certificate of Citizenship cannot be issued to applicants who do not take the Oath of Allegiance, unless they qualify for an exemption.

The updated guidance takes effect immediately and applies to all applications filed on or after November 19, 2024.

If you have questions about naturalization for yourself or your family, contact us. Our attorneys work directly with our clients to ensure they get expert guidance for their specific situations. Our law firm offers 11 languages to ensure clarity for all involved, keeping our clients informed every step of the way.