For a limited time, book a Visa Consultation online and save 20% off the regular booking fee! Use promo code: 2022BookmeBOOK NOW
To see our website filtered by an specific destination, select the country: You’re seing the content related to that we can help you with immigration journey. If you want to see a specific destination, immigration journey. If you want to see a different destination, click here

New Policy on US Citizenship for Children of US Troops Born Overseas

By Casey September 10, 2019 2 min. read

Recently, United States immigration officials justified a new policy for military members brought forward by the Trump administration. This new policy states that some children born to U.S. service members and government employees overseas will no longer be automatically considered citizens of the United States.

Previously, their children would be considered to be both living in and outside of the US for purposes of eventually gaining citizenship. By stripping the children of the former, the only way they can get citizenship is through a parent applying for them, whereas before it would’ve been automatic provided they meet certain requirements, said Cristobal Ramon, senior policy analyst at the Bipartisan Policy Center.

It does not impact anyone born in the United States.

US citizenship can be acquired a few ways, including being born in the country. Children born abroad can acquire citizenship through their US citizen parents either at birth or before the age of 18. Children who are not U.S. citizens and are adopted by U.S. service members while living abroad will also no longer receive automatic citizenship by living with the U.S. citizen adopted parents.
The policy change is yet another roadblock that the administration of President Donald Trump has placed for people to live legally in the United States, said immigration attorney Martin W. Lester, who is based in Tennessee and who serves on the military assistance committee of the American Immigration Lawyers Association.

It appears to target children of service members who are legal permanent residents and not U.S. citizens, but could also affect citizens if they can’t prove they lived in the U.S. for a certain amount of time. People in those scenarios would have to undergo a more cumbersome process for obtaining American citizenship for their kids.

The new guidance will not apply to children who acquire citizenship at birth or while residing in the United States, the USCIS notice states. That includes children born abroad to U.S. citizens who have resided in the United States at some point in the past five years.
To derive citizenship, children must fulfill a residency requirement. Under previous regulations, living in a home abroad with their U.S. citizen parents fulfilled that requirement; the new rule will require that residence to be on U.S. soil.

These children will now need to apply for citizenship under Section 322 of the INA, which considers them as born and residing outside the United States. That provision requires them to apply for naturalization, which must be completed before the child turns 18.

The new policy will take effect Oct. 29, according to the USCIS notice.

While children of service members will be allowed to complete the citizenship process outside of the U.S., Parker added, children of government employees “must enter the U.S. lawfully with an immigrant or nonimmigrant visa and be in lawful status when they take the Oath of Allegiance.”

Do You Think You May Be Affected by This New Policy?

 

The legal team at VisaPlace have assisted countless individuals to successfully obtain US citizenship, and we can help you, too.  The first step is assessing your specific situation. Fill out our free eligibility assessment form or contact us here to speak to one of our US immigration experts, and trust our expertise to guide you to the best outcome for you and your family.

Belinda Maraj Avatar

Belinda Maraj

Our experience with the team at VisaPlace has been absolutely amazing. Special thank you to Nadia Bakhtiari whom we had the pleasure of partnering with. Nadia was attentive, empathetic, knowledgeable, professional, friendly and accessible. She provided guidance and kept us in the loop every step of the way. We were so impressed with the professionalism and exceptional client experience from VisaPlace that we partnered with them for both our PR application and our citizenship application. Thank you VisaPlace and thank you Nadia!

betty klassen Avatar

betty klassen

We were switched legal teams 3 times within our time there.( This was not our doing) We weren’t impressed at all with the service almost all the way through our experience. Our review would have been 1 star. The response time was awful. To get in contact with our attorney was so difficult. And not thorough. Almost at the end, when we were almost ready to file, we got switched again, but this time, we are thankful. The attorney we got then was Andrew Diamond. He is fantastic and the reason for the 5 star rating. This is his rating. He was phenomenal. Absolutely amazing and prompt with response time and very knowledgeable, thorough and so helpful. We couldn’t have asked for better. Thank you Andrew for all you did for us!

Arash Sorkhabi Avatar

Arash Sorkhabi

I’m satisfied with the expertise and professionalism with which my case was managed and handled. I wanted to take this opportunity to thank the firm for its support. Although it has been a long process time due to Covid, Nadia has always been one of the first people to guide me step by step through the path during this stressful and unprecedented time. I strongly recommend VisaPlace to anyone seeking legal counsel.

Sarb walia Avatar

Sarb walia

I am thrilled to share that , We have just got our Permanent residence status under humanitarian and compassionate category. It was great experience to get professional service from visaplace. All team members very knowledgeable, hard worker, polite and professional. Special thanks to Yasmeen Ali, who always guide me through out processs. Its not easy task to get positive output in HM Category. I am highly recommend visaplace for any kind of immigration needs.

Shannon Wilde Avatar

Shannon Wilde

Applying for my E2 Visa was so overwhelming for me. As soon as I engaged VisaPlace all that worry and stress was gone. They guided me through the entire process and set me up for success! I would 100% recommend using them for any of your Visa Needs.

Julia Rood Avatar

Julia Rood

I reached out to VisaPlace kind of on a whim, knowing that I needed to apply for permanent residency in order to stay with my spouse and our two cats. They were immediately and incredibly responsive, and almost instantly made me feel that I was dealing with professionals who cared about my case.

I reached out to them August last year, and today got the confirmation that my permanent residency has been approved. The people I worked with in VisaPlace stuck with me through the whole process, answering any questions and assuaging any fears that I had about the process, my application, or what I needed to do. Even when my anxiety made me snappy (I apologized immediately!) they handled my case and me with professionalism and compassion. Immigration is a stressful, scary process. I wanted professionals who knew the ins-and-outs so that I had the best chance of being able to come to Canada.

And now, I get to stay in Canada with my partner of nearly 10 years, and I couldn’t be happier. I would absolutely recommend this service to anyone who wants immigration help! A big thank you, especially, to Alejandra and Nadia for handling my case. I’m so lucky to have had your help!

Sanjida Prima Avatar

Sanjida Prima

Had a great experience working with the people at VisaPlace for a Permanent Residency application! The team I dealt with (Nadia B., Krisztina T., Mansi S.) was extremely knowledgeable, prompt and handled the case with care. I would definitely recommend their services to anyone in need!