← United States · 2020

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Citizenship residence exception created for qualifying children living abroad

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryUnited States
Operative dateMarch 26, 2020
CategoryCitizenship acquisition
Policy toolStatutory residence exception
Affected groupQualifying lawful-permanent-resident children under 18 in us government-employee and military families residing abroad

Policy effect

From March 26, 2020, qualifying lawful-permanent-resident children under 18 could satisfy the US residence condition for automatic citizenship under INA 320 while living abroad in the legal and physical custody of a US-citizen parent. For government-employee families, the citizen parent had to be stationed and residing abroad as a US government employee, or residing abroad in marital union with such an employee. For military families, the child had to accompany the service member abroad under official orders; the citizen parent had to be that member or an authorized accompanying spouse residing in marital union with the member. Other citizenship requirements continued to apply.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

8 USC 1101 note. SEC. 2. FACILITATING THE AUTOMATIC ACQUISITION OF CITIZENSHIP FOR LAWFUL PERMANENT RESIDENT CHILDREN OF MILI- TARY AND FEDERAL GOVERNMENT PERSONNEL RESIDING ABROAD. (a) IN GENERAL.—Section 320 of the Immigration and Nation- ality Act (8 U.S.C. 1431) is amended— (1) by striking the section header and inserting ‘‘CHILDREN BORN OUTSIDE THE UNITED STATES AND LAWFULLY ADMITTED FOR PERMANENT RESIDENCE; CONDITIONS UNDER WHICH CITIZEN- SHIP AUTOMATICALLY ACQUIRED’’; (2) by redesignating subsection (c) as subsection (d); and (3) by inserting after subsection (b) the following: ‘‘(c) S … ubsection (a)(3) is deemed satisfied in the case of a child who is lawfully admitted for permanent residence in the United States if— ‘‘(1) the child is residing in the legal and physical custody of a citizen parent who is— ‘‘(A) stationed and residing abroad as an employee of the Government of the United States; or ‘‘(B) residing abroad in marital union with an employee of the Government of the United States who is stationed abroad; or ‘‘(2) the child is— ‘‘(A) residing in the legal and physical custody of a citizen parent who is— ‘‘(i) stationed and residing abroad as a member of the Armed F … orces of the United States; or ‘‘(ii) authorized to accompany and reside abroad with a member of the Armed Forces of the United States pursuant to the member’s official orders, and is so accompanying and residing abroad with the member in marital union; and dkrause on LAP5T8D0R2PROD with PUBLAWS ‘‘(B) authorized to accompany such member and reside abroad with the member pursuant to the member’s official VerDate Sep 11 2014 13:20 Mar 30, 2020 Jkt 099139 PO 00133 Frm 00001 Fmt 6580 Sfmt 6581 [official-source production path omitted] PUBL133 PUBLIC LAW 116–133—MAR. 26, 2020 134 STAT. 275 orders, and is so accompanyi … ng and residing with the member.’’. (b) CONFORMING AMENDMENT.—The table of contents for the Immigration and Nationality Act is amended by striking the item relating to section 320 and inserting the following: ‘‘Sec. 320. Children born outside the United States and lawfully admitted for per- manent residence; conditions under which citizenship automatically ac- quired.’’. SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ‘‘Budget … 134 STAT. 274 PUBLIC LAW 116–133—MAR. 26, 2020 Public Law 116–133 116th Congress An Act To facilitate the automatic acquisition of citizenship for lawful permanent resident Mar. 26, 2020 children of military and Federal Government personnel residing abroad, and [H.R. 4803] for other purposes. Be it enacted by the Senate and House of Representatives of Citizenship for the United States of America in Congress assembled, Children of Military SECTION 1. SHORT TITLE. Members and Civil Servants This Act may be cited as the ‘‘Citizenship for Children of Act. Military Members and Civil Servants Act’’. … ary Effects of PAYGO Legislation’’ for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Com- mittee, provided that such statement has been submitted prior to the vote on passage. Approved March 26, 2020. LEGISLATIVE HISTORY—H.R. 4803: CONGRESSIONAL RECORD: Vol. 165 (2019): Dec. 3, considered and passed House. Vol. 166 (2020): Mar. 5, considered and passed Senate. dkrause on LAP5T8D0R2PROD with PUBLAWS Æ VerDate Sep 11 2014 13:20 Mar 30, 2020 Jkt 099139 PO 00133 Frm 00002 Fmt 6580 Sfmt 6580 [official-source production path omitted] PUBL133 …
USCIS / US CongressPOLICY ALERT - Residency Requirements for Children of Service Members and Government Employees Residing Outside of the United States for Purposes of Acquisition of Citizenship; Public Law 116-133Open official source
Retrieved from https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20200918-ResidenceForCitizenship.pdf

Review method

Two separate automated exact-claim source reviews

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Other United States changes operative in 2020