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A policy clarification from the U.S. Customs and Immigration Service published Wednesday does not revoke automatic citizenship for children of U.S. citizens born abroad, including troops and federal workers, Homeland Security Department officials said Wednesday.
But it will make adoptions and paperwork more complicated for some families of U.S. service members and as well as citizens who haven't been in the U.S. for a while.
By law, most babies born to U.S. citizens overseas become U.S. citizens at birth. The new policy "[does] not affect anyone who is born a U.S. citizen, period,"
The change was first reported by San Francisco Chronicle reporter Tal Kopan.
This policy does not affect children born outside the United States who were citizens at birth or who have already acquired citizenship, including children who:
-Were born to two U.S. citizen parents, at least one of whom has had a residence in the United States or one of its outlying possessions before the child’s birth;
-Were born to married parents, one of whom is a U.S. citizen and one a foreign national, if the U.S. citizen parent was physically present in the U.S. or one of its outlying possessions for at least five years, at least two of which were after they turned 14 years old;
-Were born to unmarried parents, one of whom is a U.S. citizen and one a foreign national, if the U.S. citizen parent meets the requirements listed in;
As long as one parent is a US citizen who has lived at least five years in the US, at least two of which were after the age of 14, the kid is a citizen.
originally posted by: xuenchen
(D) politicians and (D) pundits running like crazy with this fake story.
They ALL are falling for it like it's really true 🤣 💫 🤣
This part of the INA has existed for decades. Why is this just now getting many of your friends?
Today USCIS issued guidance that DHS “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” —t.co... — Tal Kopan (@TalKopan) August 28, 2019
Correction: Experts who have looked at new USCIS policy say it applies if a service member adopts a child overseas, but children born to service members on deployment would still automatically get citizenship. I deleted tweets with the incorrect info. t.co... — Ken Dilanian (@KenDilanianNBC) August 28, 2019
(2/3) The policy update doesn’t deny citizenship to the children of US gov employees or members of the military born abroad. This policy aligns USCIS’ process with the Department of State’s procedures for these children – that’s it. Period. Background in next tweet… — USCIS Acting Director Ken Cuccinelli (@USCISCuccinelli) August 28, 2019
(3/3) US laws allow children to acquire US citizenship other than through birth in the US. Children born outside of the US to a US citizen parent or parents may be US citizens at birth under INA 301 or 309, or before age 18 through their US citizen parent(s) under INA 320. — USCIS Acting Director Ken Cuccinelli (@USCISCuccinelli) August 28, 2019
originally posted by: JAGStorm
Previously, children born to U.S. citizen parents were considered to be "residing in the United States," and therefore would be automatically given citizenship under Immigration and Nationality Act 320. Now, children born to U.S. service members and government employees, such as those born in U.S. military hospitals or diplomatic facilities, will not be considered as residing in the U.S., changing the way that they potentially receive citizenship.
This isn't right. I really think this is a slap in the face to all military members. Hey let's send you to some God awful country. Hey while you're there if you happen to have a kid, or your spouse does, they aren't really a citizen yet.
Military families have to struggle with so much, now one more thing. To be fair, it wasn't just an automatic thing before this, it wasn't. Paperwork was still filled out, but if you were born on a military base, at an embassy etc, that was considered US soil, not anymore.
This seems like just one more hurdle. I imagine that a lot of women will want to come back to the US before the birth just to be on the safe side.