Children born overseas (No change)

About the Trump Admin & citizenship of children who aren’t born citizens: don’t believe the spin. Nothing has changed in the law. In fact, the policy is the same as long standing State Department policy and practice.

The disputed policy update of the United States Citizenship and Immigration Services is here.

•Clarifies that temporary visits to the United States do not establish U.S. residence and explains the distinction between residence and physical presence in the United States.

• Explains that USCIS no longer considers children of U.S. government employees and U.S. armed forces members residing outside the United States as “residing in the United States” for purposes of acquiring citizenship under INA 320.3

The regulations clarify the question of physical presence vs. “residing in” the US and the timing of the birth & citizenship.

Children of citizens who have lived in the US as citizens for 5 years before the birth – the usual situation for US military and government workers – will continue to “automatically” be citizens from birth.

Children who are born before a parent becomes a citizen, non-citizen children who are adopted by citizens, and children of US citizens who have not physically lived in the US for at least 5 years will need to become naturalized citizens. The parents must apply for citizenship for the child by his 18th birthday.