USCIS Updates Guidance on Determining Custody for Children Acquiring U.S. Citizenship
The USCIS has updated its guidance on determining custody for children acquiring U.S. citizenship when a child is in the legal custody of a U.S. citizen parent, including the effect of retroactive corrections of custody orders and recognition of private custody agreements.
USCIS has clarified that a U.S. citizen’s parent has physical custody when the child resides with them, expanding the requirements for the derivation of citizenship before the Child Citizenship Act of 2000.
USCIS has determined it cannot issue a Certificate of Citizenship to any applicant who does not take the Oath of Allegiance unless eligible for a waiver.
This guidance applies to applications pending on or after November 19, 2024.
For more information, see the policy alert.
