Some children of US troops born overseas to no longer get automatic US citizenship, says Trump admin
The U.S. Citizenship and Immigration Services has issued a statement updating its policy to clarify that some children born to U.S. government employees or armed forces members stationed outside the U.S. will no longer receive automatic U.S. citizenship, effective October 29, 2019.
U.S. citizen parents stationed abroad should apply for U.S. citizenship on behalf of their child and must complete the process under INA 322 before the child’s 18th birthday, according to the statement.
The child is eligible to complete all aspects of the naturalization proceedings abroad including all filings, interviews, oaths, and ceremonies.
According to the release, the policy alert from USCIS intends to clarify two things.
The first is that immigration services “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 second clarification is 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.”
This means that while stationed abroad, U.S. armed service members are no longer considered residing in the United States, and by extension neither are their children born abroad. The policy also clarifies that leave taken into the U.S. while stationed abroad is not considered residing in the U.S., even if the service member is staying at a property they own.
The USCIS had to issue further clarification after the policy change received widespread media policy. An official told Task & Purpose that the change only affects children adopted by servicemembers overseas or children born to servicemembers who aren’t yet U.S. citizens.
Applications filed on or after October 29, 2019 are subject to this policy change. Children who have already acquired citizenship under INA 320 are not affected by the policy change.
