The new policy unleashed a firestorm of criticism for its poorly worded verbiage, which left many with the impression that USCIS was revoking birthright citizenship automatically awarded to babies born to us citizens, including troops and government employees, stationed overseas.
DOD also clarifies the policy appears to primarily affect the children of naturalized US citizens serving in the armed forces that have not lived in the USA for a required period of time. This section no longer applies for those children living overseas with their parent.
"For them to obtain a Certificate of Citizenship, their US citizen parent must apply for citizenship on their behalf", she said.
This includes interviews, filings, oaths, ceremonies and other processes relating to naturalization, the USCIC says.
But the change could conceivably give Trump room to argue that his administration curtailed birthright benefits that a citizen with little or no actual US residency can automatically confer to their foreign-born offspring.
Officials said the existing policy conflicts with State Department guidance and a 2008 law, leading to confusion when issuing citizenship decisions.
Previously, their children would be considered to be both living in and outside of the United States for purposes of eventually gaining citizenship.
The station also reported that distorted news about the change "was injecting serious stress among military spouses". If the parent used Form N-600, it would result in automatic citizenship under INA 320. Those include children born overseas to US citizens who have lived in the United States at some time in the previous five years.
Under the policy, these parents will have to apply for US citizenship for their child. This rule means these children are automatically granted citizenship under the INA. The guidance appears to be aimed at children of parents who have not lived in the US for many years or who are not USA citizens. Acting USCIS Director Ken Cuccinelli said on Twitter that the new policy "does NOT impact birthright citizenship".
It does not impact anyone born in the United States.
"We ran reports of applications we received from APO and FPO addresses overseas - that's the closest we could come to approximate those who might be applying with us from overseas, and it averaged between 20 and 25 per year", the official said. "Trump's administration is saying that when active members of OUR OWN MILITARY give birth while they are deployed overseas, their children are not considered US citizens. This policy aligns USCIS' process with the Department of State's procedures for these children - that's it. Period". "Period. Background in next tweet".
The citizenship process must be completed by the child's 18th birthday.
"Earlier in the day, he tweeted, ".the highly technical policy manual used by career employees here as a reference was updated today to conform USCIS practices with the Dept. of State - that's it.
The new guideline, which will be effective October 29, 2019, nonetheless drew swift backlash from Democratic lawmakers, the Hill reported.
"This move by the administration will make it harder for Americans serving our country overseas to have families", Representative Val Demings, a Florida Democrat, said. President Donald Trump has occasionally voiced his support for ending birthright citizenship and said last week he was "seriously" considering ending it, though it's unclear how he'd have the legal authority to do so. Owned by FOX, FBN has bureaus in Chicago, Los Angeles, Washington, D.C. and London.