USCIS, Sept. 25, 2024 "Policy Highlights • Clarifies that USCIS calculates the CSPA age of an applicant who established extraordinary circumstances and is excused from the sought to acquire...
NILA, Sept. 25, 2024 "Increasingly, U.S. Citizenship and Immigration Services (USCIS) and other immigration agencies are challenging venue in U.S. district court lawsuits brought by noncitizens...
This document is scheduled to be published in the Federal Register on 09/26/2024 "Eligible citizens, nationals, and passport holders from designated Visa Waiver Program countries may apply for admission...
Mazariegos-Rodas v. Garland "Beky Izamar Mazariegos-Rodas and Engly Yeraicy Mazariegos-Rodas (collectively, the Petitioners) are two sisters who are natives and citizens of Guatemala. The Petitioners...
Cyrus Mehta, Sept. 23, 2024 "When the Administrative Appeals Office (AAO) designated Matter of Z-A- Inc . as an “Adopted Decision” in 2016 it was seen as a breakthrough as it recognized...
USCIS, Sept. 18, 2020
"On Sept. 18, we updated our policy guidance concerning residency requirements under section 320 of the Immigration and Nationality Act (INA) to comply with the requirements of the recently enacted Citizenship for Children of Military Members and Civil Servants Act.
Under the new law, a child born outside of the United States acquires automatic citizenship under INA 320, even if the child is residing outside the United States, in cases where the child is a lawful permanent resident (LPR) and is in the legal and physical custody of his or her U.S. citizen parent who is:
Additionally, the child must meet all generally applicable requirements for automatic acquisition of citizenship, except the residence requirement, under INA 320(a) and (b). In cases involving members of the U.S. armed forces, the child and the U.S. citizen parent (if the U.S. citizen parent is the spouse of the armed forces member) must be authorized to accompany and reside abroad with the armed forces member pursuant to the member's official orders.
In August 2019, USCIS issued policy guidance to align with existing State Department policy and federal law. The new law reverses this prior policy change.
As of March 26, 2020, U.S. citizen parents who are military or U.S. government employees or spouses of military or U.S. government employees, and are stationed outside the United States, can file Form N-600, Application for Certificate of Citizenship, for children residing outside the United States because their children, if eligible under the new INA 320(c), are exempt from the requirement to be residing in the United States. Upon meeting the requirements and traveling to the United States to complete the process, the child will obtain a Certificate of Citizenship.
This change applies to eligible children who were under the age of 18 on March 26, 2020.
For more information, read the updated guidance in the USCIS Policy Manual."