USCIS issued a policy alert updating the USCIS Policy Manual with guidance to clarify certain special naturalization provisions for children.
In general, the spouse of a U.S. citizen who resides in the United States may be eligible for naturalization based on the marriage under section 319(a) of the Immigration and Nationality Act (INA).
Children who have not already acquired U.S. citizenship through a parent may be eligible to naturalize under special provisions within INA 319.
Qualified persons include children who obtained lawful permanent resident (LPR) status based on having been battered or subjected to extreme cruelty.
In addition, surviving children of deceased U.S. armed forces members who died during a period of honorable service may also qualify.
This updated Policy Manual guidance is controlling and supersedes any prior guidance.
Policy Highlights
- Explains eligibility requirements for special naturalization provisions under INA 319, including certain children subjected to battery or extreme cruelty and surviving children of deceased U.S. armed forces members.
- Clarifies that a child seeking naturalization under INA 319(a) is not required to live with the U.S. citizen parent for the 3 years before the naturalization application is filed, as is usually required.
- Clarifies that surviving children of U.S. armed forces members who qualify for naturalization under INA 319(d) are exempt from the usual continuous residence and physical presence requirements for naturalization.
Source: AILA Doc. No. 18092605.
