"The policy change explains that we will not consider children who live overseas with their parents to be residing in the United States even if their parents are USA government employees or USA service members stationed outside of the United States, and as a result, these children will no longer be considered to have acquired citizenship automatically", Parker said. "Similarly, leave taken in the United States while stationed overseas is not considered residing in the United States even if the person is staying in property he or she owns".
The USCIS said the change may impact children born to non-citizens and adopted by a citizen government employee or service member; non-citizen parents who naturalized after the child's birth; and two US citizen government employees or USA service members who did not meet the requirements to transmit citizenship to their child, or one non-citizen parent and one citizen parent who does not meet the requirements.
It will not apply to children who acquire citizenship at birth or while residing in the United States, including those born overseas to USA citizens who have resided in the United States in the past five years.
The policy goes on to say that "U.S. citizen parents who are residing outside the United States with children who are not [emphasis Military.com's] USA citizens should apply for US citizenship on behalf of their children under [policy] must complete the process before the child's 18th birthday".
"Certain children of US service members may complete the process outside of the United States without having to travel to the United States". They will be able to apply for citizenship for their children before they turn 18. Our policy update regarding residence related to citizenship does not affect people who are born a USA citizen. Living overseas with US citizen parents will no longer fulfill the residency requirement, the report said.Читайте также: Dave Chappelle hosts benefit concert for Dayton, Ohio, weeks after mass shooting
"DOD has been working closely with our colleagues at DHS/USCIS regarding recent policy changes and understands the estimated impact of this particular change is small", said a Pentagon spokesperson.
Beyond that, the rationale for the policy revision remained unclear. Children of servicemembers were considered residing in the United States under INA 320 and also residing outside of the United States under INA 322, Marilu Cabrera, a spokeswoman with USCIS, wrote in an email.
"The policy manual update today does not affect who is born a US citizen, period".
Garcia Hernandez said that throughout American history, the residency requirements to pass on citizenship to children have shifted, but previous administrations had taken a broader interpretation of what met those standards. But she said those that could fall under it should try to have their children born in the United States. Acting USCIS Director Ken Cuccinelli said on Twitter, however, that the policy "does NOT impact birthright citizenship". "This policy aligns our process with the Department of State's procedure".
The policy takes effect on October 29 and applies only to children born afterward, officials said. "Impacting one person is too many", said Martin Lester, chair of the American Immigration Lawyers Association's Military Assistance Program, which provides pro bono immigration law services to United States service members.При любом использовании материалов сайта и дочерних проектов, гиперссылка на обязательна.
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