USCIS Issues Policy Guidance on Customer Service and Confidentiality Protections for Certain Naturalized United States Citizens
USCIS has issued guidance in the USCIS Policy Manual that interprets the confidentiality protections under 8 U.S.C. 1367 terminate upon naturalization, which will provide previously naturalized U.S. citizens with protections under 8 U.S.C. 1367 (specifically to self-petitioners under the Violence Against Women Act (VAWA) and those seeking or approved for T or U nonimmigrant status) the ability to fully access electronic filing and other customer service tools .
This guidance addresses the needs of naturalized citizens and other stakeholders, and provides these U.S. citizens with greater access to customer service tools, helping to eliminate barriers to case processing and improving USCIS response times. for certain queries. The termination of protections after naturalization will allow a naturalized citizen to apply for a replacement naturalization certificate in the event that she has lost it. It will also allow the citizen to ask or answer questions about its intention to be financial support for temporary stay permit applicants.
Feedback from interest groups, adjudicating officers, and naturalized citizens reflected that the removal of barriers to communication and case processing, initiated by the protections of 8 U.S.C. 1367, will result in a significant benefit in family reunification and humanitarian sponsorship. This will allow greater freedom in the exchange of information between the naturalized citizen and USCIS and, in turn, will increase the assistance that USCIS customer service provides to the naturalized citizen.
Eligible individuals and recipients of survivor-based immigration assistance (specifically self-petitioners under VAWA and those seeking or having approved T and U nonimmigrant status) are entitled to protections under 8 U.S.C. 1367. Confidentiality provisions were enacted to protect non-citizen victims from their abusers’ use of the immigration system as a tool to further harm and control them, and to limit disclosure of their claims for immigration protection. After a non-citizen victim becomes a U.S. citizen, the victim’s abuser no longer has the same means to use the immigration system against the victim. The continuation of these safeguards after naturalization causes delays in the processing of cases and is more of a hardship than a protective mechanism.
This guidance, contained in Volume 1 of the Policy Manual, is effective July 12, 2024. On that date, USCIS will no longer enforce the protections at 8 U.S.C. 1367 to naturalized citizens. The guidance contained in the Policy Manual is decisive and supersedes any previous guidance related to the matter.
If you want to learn more about these topics, visit the social media pages of Paralegal Classes and join our live sessions every Wednesday.
Instagram: @Paralegalclases
Facebook: Instituto Paralegal de las Américas
Youtube: Instituto Paralegal
Tiktok: @Paralegalnews
