Appendix: History of Acquiring Citizenship under INA 320 for Children of U.S. Citizens who are Members of the U.S. Armed Forces, U.S. Government Employees, or their Spouses
Before October 29, 2019, USCIS considered children of members of the U.S. armed forces or U.S. government employees, who were stationed outside of the United States, to meet the requirement of “is residing in” the United States for the purpose of acquiring citizenship under INA 320.[1] This interpretation was consistent with the definition of “residence” for purposes of naturalization under INA 316.[2] Based on this treatment of U.S. government employees and their children in the context of naturalization under INA 316, USCIS determined that “residing in the United States” for purposes of acquisition of citizenship under INA 320 should likewise be interpreted to include children of U.S. military and government employees stationed outside of the United States who were residing with their parents.[3]
This interpretation, however, was inconsistent with other provisions of the Immigration and Nationality Act (INA), including the definition of “residence” at INA 101(a)(33) and language in INA 322(a) and INA 322(d), which suggested that the citizenship of military children residing outside of the United States should be considered under that provision rather than under INA 320. Effective October 29, 2019, USCIS amended its policy guidance to address these concerns, and determined that children of members of the U.S. armed forces or U.S. government employees stationed outside of the United States would not be eligible for citizenship acquisition under INA 320.[4]
On March 26, 2020, the Citizenship for Children of Military Members and Civil Servants Act was enacted,[5] amending INA 320, so that a child residing with his or her U.S. citizen parent, who is stationed outside of the United States as a member of the U.S. armed forces or a U.S. government employee, or is residing in marital union with a member of the U.S. armed forces or a U.S. government employee who is stationed outside of the United States, acquires citizenship under INA 320 if all requirements of INA 320(c) and INA 320(a)(1)-(2) are met. In line with the statute, USCIS rescinds its previous guidance, clarifying that these children are eligible to acquire citizenship under INA 320 if all other requirements under INA 320 are met.
The amendment to INA 320 applies to children who were under the age of 18 on March 26, 2020.
Footnotes
[^ 1] Even though the child of a member of the U.S. armed forces or U.S. government employee stationed outside of the United States may be eligible to apply for a Certificate of Citizenship under INA 322 since he or she resides outside of the United States, USCIS interpreted the child to meet residency requirements under INA 320 as well, which formerly required the child to be residing in the United States with his or her parent to acquire citizenship.
[^ 2] For example, U.S. government employees, including members of the U.S. armed forces, are eligible to apply for an exception to the continuous residence requirement for naturalization under INA 316 as long as their residency outside of the United States was on behalf of the U.S. government. See INA 316(b). See INA 316(a). See Part D, General Naturalization Requirements, Chapter 3, Continuous Residence [12 USCIS-PM D.3].
[^ 3] See Policy Manual Technical Update, Child Citizenship Act and Children of U.S. Government Employees Residing Abroad (July 20, 2015); and Acquisition of Citizenship by Children of U.S. Military and Government Employees Stationed Abroad under Section 320 of the Immigration and Nationality Act (INA), No. 103, issued May 6, 2004.
[^ 4] See USCIS Policy Alert, Defining “Residence” in Statutory Provisions Related to Citizenship [PA-2019-05] (PDF, 308.45 KB). This Policy Alert has been superseded by Policy Manual updates to reflect changes made under Pub. L. 116-133 (PDF).
[^ 5] See Pub. L. 116-133 (PDF) (March 26, 2020).
As an expert in immigration law, particularly concerning the acquisition of citizenship under the Immigration and Nationality Act (INA) in the United States, I bring a depth of knowledge and understanding of the intricacies involved in this complex area. My expertise is grounded in a comprehensive understanding of the legislative history, policy changes, and relevant statutes governing citizenship acquisition for specific groups, such as children of U.S. citizens who are members of the U.S. armed forces or government employees.
Let's delve into the concepts discussed in the provided article regarding the history of acquiring citizenship under INA 320 for children of U.S. citizens who are members of the U.S. armed forces, U.S. government employees, or their spouses.
1. Historical Interpretation (Before October 29, 2019):
- Before October 29, 2019, the U.S. Citizenship and Immigration Services (USCIS) considered children of U.S. armed forces or government employees stationed outside the United States to meet the "is residing in" requirement for acquiring citizenship under INA 320.
- This interpretation aligned with the definition of "residence" for naturalization purposes under INA 316.
2. Inconsistencies and Policy Change:
- USCIS's interpretation was inconsistent with other provisions of the INA, including the definition of "residence" at INA 101(a)(33) and language in INA 322(a) and INA 322(d).
- Effective October 29, 2019, USCIS amended its policy guidance, determining that children of U.S. armed forces or government employees stationed outside the United States would no longer be eligible for citizenship acquisition under INA 320.
3. Citizenship for Children of Military Members and Civil Servants Act (March 26, 2020):
- On March 26, 2020, the Citizenship for Children of Military Members and Civil Servants Act was enacted, amending INA 320.
- The amendment allows a child residing with a U.S. citizen parent stationed outside the United States as a member of the U.S. armed forces or a U.S. government employee to acquire citizenship under INA 320, provided all requirements of INA 320(c) and INA 320(a)(1)-(2) are met.
4. USCIS Rescinds Previous Guidance:
- In line with the new statute, USCIS rescinded its previous guidance, clarifying that children meeting the specified criteria are eligible to acquire citizenship under INA 320 if all other requirements are met.
5. Applicability and Age Criteria:
- The amendment to INA 320 applies to children who were under the age of 18 on March 26, 2020.
6. Footnotes:
- Footnote [^1] highlights that, although a child residing outside the U.S. may be eligible for a Certificate of Citizenship under INA 322, USCIS interpreted residency requirements under INA 320 as well.
- Footnote [^2] provides examples of eligibility for U.S. government employees, including members of the U.S. armed forces, to apply for an exception to the continuous residence requirement for naturalization under INA 316.
These changes in policy and legislation showcase the dynamic nature of immigration law and the ongoing efforts to ensure fair and consistent application, especially concerning specific groups such as children of U.S. citizens serving in the armed forces or as government employees stationed abroad.
