USCIS Updates Guidance on Custody Determination for Acquiring U.S. Citizenship

The United States Citizenship and Immigration Services (USCIS) has announced a key update to its guidelines for determining physical and legal custody of minors seeking to acquire U.S. citizenship. Effective November 19, 2024, the update aims to clarify and expand the rules related to citizenship under the Immigration and Nationality Act (INA).

You may also be interested in: “Changes Coming to U.S. Immigration Policy“

Key Changes in the Guidance

The new guidelines impact processes under Sections 320 and 322 of the INA, as well as the now-defunct Section 321 applicable before the Child Citizenship Act of 2000. Key updates include:

Legal and Physical Custody:

• USCIS will recognize that a U.S. citizen parent has legal custody in cases of uncontested, actual custody, even without a specific court order.
• Physical custody is defined as the minor residing with the U.S. citizen parent.

Nunc Pro Tunc Corrections:

• Clarification on how retroactive custody orders affect a minor’s eligibility for citizenship.

Private Custody Agreements:

• Detailed guidance on cases where USCIS may accept private custody arrangements.

Pre-Child Citizenship Act Requirements:

• In-depth guidance on Section 321 of the INA, including legal and physical custody criteria for derivative citizenship.

Oath of Allegiance:

• Reaffirmation that USCIS cannot issue a Certificate of Citizenship without the applicant taking the Oath of Allegiance unless they qualify for a waiver.

Purpose of the Update

This measure aims to ensure consistent decision-making in adjudicating citizenship applications, reduce administrative barriers, and promote a more inclusive system. It aligns with Executive Order 14012, which seeks to restore trust in legal immigration systems.

Impact on Applicants

The new guidance applies to all pending applications as of November 19, 2024. These changes provide clarity for U.S. citizen parents and their children, easing access to citizenship in complex cases.

For more information, refer to Volume 12, Part H of the USCIS Policy Manual or the official policy alert on the USCIS website.

From: https://www.uscis.gov/newsroom/alerts/uscis-updates-guidance-on-determining-custody-for-children-acquiring-us-citizenship 

For more information on these topics, visit Paralegal Clases’ social media pages and join our live sessions every Wednesday.

Instagram:   @Paralegalclases
Facebook:   Instituto Paralegal de las Américas
Youtube:   Instituto Paralegal
Tiktok:   @Paralegalnews