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.
It does not impact anyone born in the United States.
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.
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.