New meaning is given for Citizenship Applications Residency by USCIS

New meaning is given for Citizenship Applications Residency by USCIS
New meaning is given for Citizenship Applications Residency by USCIS

If you are a U.S. citizen and your child was born outside the U.S., your child may become a U.S. citizen. Simply being born to a U.S. citizen parent, however, is not enough for the child to obtain U.S. citizenship. Additional conditions must be met. The evaluation will rely on several things, such as the home of the parents at birth, whether the child was born in or out of wedlock, whether the U.S.  citizen is the child's father or mother. 

A fresh policy manual on the concept of residency versus physical presence was published by USCIS on 21 August 2019 and come into effect on October 29, 2019. The term residence should not be confused with a physical presence (the actual time a person is in the United States) irrespective of whether he or she has a residence in the United States, as per the new manual. Although certain provisions relating to naturalization [Comprises a non-U.S. born person voluntarily becomes a U.S. citizen. U.S. citizenship can be obtained through EB5 Investment Visa/ Business Visa USA, long-term Dual Intent Visa or several other US employment-based resident visas such as EB1, EB2, EB3, and EB4 Visa] and citizenship require specific periods of physical presence, residence, or both, in fact, there is no specific period of residence needed for the purposes of obtaining citizenship when both U.S. citizenship parents are born out of the United States.

Aspects of whether a citizen of the United States can pass on their citizenship to his or her child-

  • U.S. citizens born but not residing in the United States
  • Tourists and temporary visits to the United States, For example, one who lives in Mexico or Canada along the border but works in the United States on a daily basis cannot use his or her workplace for setting their residence.
  • Property ownership or rental

USCIS also gave an update on U.S. public workers' child and compelled station members abroad.

Children living overseas with their U.S. citizen parents who are U.S. government employees or representatives of the U.S. military stationed abroad are not considered residing in the U.S. for citizenship purposes. Likewise, leave taken in the U.S. while stationed abroad is not called to be resident in the United States, even though the person stays in the property he or she owes. Therefore, United States citizen parents living out of the U.S. with children who are not U.S. citizens should apply on behalf of their children for U.S. citizenship and must finish the process before the 18th birthday of the child.

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