USCIS Policy Manual Chapter 4 was recently updated: Automatic Acquisition of Citizenship after Birth (INA 320).

In July 2024, USCIS updated their Policy Manual, and published this Memorandum.

PA-2024-21: Children’s Acquisition of Citizenship Provisions

• Affirms that applicants who already filed an application for a Certificate of Citizenship and were
denied, but became eligible following a change in USCIS policy, may file a motion to reopen the
prior USCIS denial of their application.
• Clarifies that a U.S. citizen parent may meet the requirement of physical presence in the United
States (or outlying possession) before the child’s birth regardless of immigration status.
• Clarifies that in cases where a child is born out of wedlock to two U.S. citizen parents and cannot
acquire U.S. citizenship from the father, the mother meets the requirement by demonstrating 1
year of continuous physical presence in the United States or one of its outlying possessions
before the child’s birth.
• Affirms that, for purposes of acquiring citizenship at birth, USCIS requires that a parent must be
recognized as a legal parent of the child by the relevant jurisdiction at the time of the child’s
birth.
• Clarifies that a child acquires citizenship under statutes requiring all conditions to be met while
the child is under 18 years of age if the last condition was satisfied on the day of the child’s 18th
birthday. Similarly, a child is eligible to obtain citizenship under INA 322 if USCIS approves the
application and the child takes the oath (if required) on the day of the child’s 18th birthday.
• Confirms that USCIS accepts a valid and unexpired U.S. passport or a Consular Report of Birth
Abroad (CRBA) as evidence of U.S. citizenship. However, USCIS also determines whether the
applicant properly acquired U.S. citizenship and if necessary, may request that DOS revoke the
U.S. passport or cancel the CRBA before USCIS adjudicates an application for a Certificate of
Citizenship.
• Clarifies processes when USCIS, in addition to applicant’s claim of U.S. citizenship, adjudicates
claims to U.S. citizenship for applicant’s parents or grandparents (sometimes called “nested
claims of U.S. citizenship”). When adjudicating applications for a Certificate of Citizenship, if an
applicant’s parent or parents’ U.S. citizenship is unknown or unclear, the officer must determine
the applicant’s parents’ (and, if necessary, grandparents’) U.S. citizenship status before
adjudicating the applicant’s citizenship claim.
• Clarifies that for purposes of an application for naturalization filed under the provision for
children of a U.S. citizen who subjected them to battery or extreme cruelty, a stepchild’s
relationship with the U.S. citizen stepparent does not need to continue to exist at the time of the
application for naturalization.
• Adds new guidance on how to calculate physical presence in U.S. territorial waters and
provides several updates to Nationality Charts 1, 2, 3, and 4.

Please remember that a child MUST meet all the requirements to automatically become a US citizen.

Please remember that a form N-600 can be only filed ONCE.

Please remember that if a US passport or CRBA (Consular Report of Birth Abroad) was issued by the Department of State4, it can be revoked if later applied for a N-600, and it was denied.

-------
Если у вас есть вопросы или вам нужна помощь, пишите мне на email или назначьте консультацию через приложение на нашем вебсайте https://law-visa-usa.com/inrussian.html or use our scheduler at https://calendly.com/lubasmal/

If you have any questions or want to schedule a consultation, please email me or use our scheduler at https://calendly.com/lubasmal/ Web: www.law-visa-usa.com
------

A. General Requirements: Child Automatically Acquiring Citizenship after Birth[1]The Child Citizenship Act of 2000 (CCA) amended INA 320 and removed INA 321 to create only one statutory provision and method for children in the United States to automatically acquire citizenship after birth. According to INA 320, a child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met on or after February 27, 2001:[2]

• The person is a child[3] of a parent who is a U.S. citizen by birth or through naturalization (including an adoptive parent);[4]
• The child is under 18 years of age;[5]
• The child is a lawful permanent resident (LPR);[6] and
• The child is residing[7] in the United States in the legal and physical custody of the U.S. citizen parent.[8]

B. Legal and Physical Custody of U.S. Citizen ParentLegal custody refers to the responsibility for and authority over a child. For purposes of this provision, USCIS presumes that a U.S. citizen parent has legal custody of a child and recognizes that the parent has lawful authority over the child, absent evidence to the contrary, in all of the following scenarios:[9]

• A biological child who currently resides with both biological parents who are married to each other, living in marital union, and not separated;
• A biological child who currently resides with a surviving biological parent, if the other parent is deceased;
• A biological child born out of wedlock who has been legitimated and currently resides with the parent;
• An adopted child with a final adoption decree who currently resides with the adoptive U.S. citizen parent;[10]
• A child of divorced or legally separated parents where a court of law or other appropriate government entity has awarded primary care, control, and maintenance of the child to a parent under the laws of the state or country of residence.

USCIS considers a U.S. citizen parent who has been awarded “joint custody” to have legal custody of a child. There may be other factual circumstances under which USCIS may find the U.S. citizen parent to have legal custody to be determined on a case-by-case basis.
C. Children of Armed Forces Members or U.S. Government Employees (or their Spouses)[11]On March 26, 2020, the Citizenship for Children of Military Members and Civil Servants Act was enacted into law.[12] This Act provides that, under certain conditions, children of U.S. armed forces members or U.S. government employees (or their spouses)[13] who are residing outside the United States acquire citizenship under INA 320.[14] This applies to such children who were under the age of 18 on that date.[15] 
A child born outside of the United States acquires automatic citizenship under INA 320 in cases where the child is an LPR and is in the legal and physical custody of his or her U.S. citizen parent who is:[16]

• Stationed and residing outside of the United States as a member of the U.S. armed forces;[17]
• Stationed and residing outside of the United States as an employee of the U.S. government;[18] or
• The spouse residing outside the United States in marital union[19] with a U.S. armed forces member or U.S. government employee who is stationed outside of the United States.[20]

In cases involving the child of a U.S. armed forces member residing outside the United States, the child must be authorized to accompany and reside with the U.S. armed forces member as provided by the member’s official orders.[21] If the spouse of the U.S. armed forces member is the qualifying U.S. citizen parent, the spouse must be authorized to accompany and reside with the U.S. armed forces member as provided by the member’s official orders.[22] 
The official orders that authorize a child and, if applicable, his or her U.S. citizen parent, to accompany and reside with the member of the U.S. armed forces outside of the United States are a statutory requirement for that child to acquire citizenship under INA 320. If the child (and, if applicable, U.S. citizen parent) being added to the orders is the last action for the child to qualify for acquisition, then the date of the order becomes the date of acquisition. There is no statutory requirement for children of U.S. government employees or their spouses to be included on the employee’s official orders. 
The child of a U.S. armed forces member or a U.S. government employee (or his or her spouse) must meet the general requirements under INA 320(a)(1)-(2) in addition to being an LPR residing in the legal and physical custody of his or her U.S. citizen parent. All statutory requirements must be met before the child reaches the age of 18, including, if applicable, the issuance of the official orders for the child (and, if applicable, the U.S. citizen parent) to accompany and reside with the U.S. armed forces member who is stationed outside the United States.
D. Acquiring Citizenship Before the Child Citizenship Act of 2000The Child Citizenship Act (CCA) applies only to those children born on or after February 27, 2001, or those who were under 18 years of age as of that date. Persons who were 18 years of age or older on February 27, 2001, do not qualify for citizenship under INA 320. For such persons, including adopted children,[23] the law in effect at the time the last condition was met before reaching 18 years of age is the relevant law to determine whether they acquired citizenship.
Former Section 321 of the Immigration and Nationality Act
In general, former INA 321 applies to children who were already 18 years of age on February 27, 2001, but who were under 18 years of age in 1952, when the current Immigration and Nationality Act became effective.
In general, a child born outside of the United States to two noncitizen parents, or one noncitizen parent and one U.S. citizen parent who subsequently lost U.S. citizenship, acquires citizenship under former INA 321 if:

• The child’s parent(s) meet one of the following conditions:​
  • Both parents naturalize;​
  • One surviving parent naturalizes if the other parent is deceased;​
  • One parent naturalizes who has legal custody of the child if there is a legal separation of the parents; or​
  • The child’s mother naturalizes if the child was born out of wedlock and paternity has not been established by legitimation.
• The child is under 18 years of age when his or her parent(s) naturalize; and
• The child is residing in the United States pursuant to a lawful admission for permanent residence at the time the parent(s) naturalized or thereafter begins to reside permanently in the United States.

As originally enacted in 1952, this section did not apply to adopted children of naturalized citizens.[24] Beginning on October 5, 1978, however, INA 321 became generally applicable to an adopted child if the child was residing in the United States at the time the adoptive parent or parents naturalized and the child was in the custody of his or her adoptive parents pursuant to a lawful admission for permanent residence.[25]
E. Application for Certificate of Citizenship (Form N-600)1. Submission of ApplicationA person born outside the United States who automatically acquires U.S. citizenship is not required to have evidence of such status. However, if the person seeks documentation of U.S. citizenship status, the person may file an Application for Certificate of Citizenship (Form N-600) with USCIS.[26]
The Secretary of Homeland Security has jurisdiction over the administration and enforcement of the INA within the United States, and the Secretary of State has jurisdiction over claims of U.S. citizenship made by persons who are abroad.[27] Therefore, generally, an Application for Certificate of Citizenship is submitted by persons who claim U.S. citizenship and are present within the United States. However, USCIS accepts a Form N-600 filed by a person who does not live in the United States, but USCIS does not adjudicate the application on the merits until the person is present in the United States in order to ensure that USCIS has jurisdiction over the application.[28]
A person who is at least 18 years of age may submit the Application for Certificate of Citizenship on the person’s own behalf. There is no filing fee for Form N-600 for current or former members of the U.S. armed forces if they are filing on their own behalf. A U.S. citizen parent or a legal guardian must submit the application for a child who has not reached the age of 18 years.[29]
USCIS issues proof of U.S. citizenship in the form of a Certificate of Citizenship if the Application for Certificate of Citizenship (Form N-600) is approved and the person takes the Oath of Allegiance, if required to do so.[30]
USCIS does not mail Certificates of Citizenship outside the United States except when a military member is issued a Certificate of Citizenship under INA 320[31] or a military member’s dependent child naturalizes under INA 322(d).
2. U.S. Passport or Consular Report of Birth Abroad as Evidence of CitizenshipA person may also apply for a U.S. passport with the U.S. Department of State (DOS) to serve as evidence of their U.S. citizenship.[32] A parent or legal guardian of a U.S. citizen child born outside the United States may also apply to the local U.S. embassy or consulate for a Consular Report of Birth Abroad (CRBA or Form FS-240).[33] A U.S. passport is valid for a limited time as established by DOS policies and standards on passport issuance.[34] Once a passport is expired, it is no longer conclusive evidence of citizenship.[35] Neither a CRBA nor a Certificate of Citizenship expires.
A valid, unexpired U.S. passport or a CRBA serves as evidence of a person’s U.S. citizenship.[36] An applicant for a Certificate of Citizenship may submit a valid and unexpired U.S. passport or a CRBA as evidence of U.S. citizenship.[37] The officer must review the valid U.S. passport or CRBA and the documentation submitted with the application and contained in the record to determine if it was issued properly.
The officer approves the Application for Certificate of Citizenship if the applicant is a U.S. citizen and meets all requirements.
3. Request to Revoke U.S. Passport or Cancel Consular Report of Birth AbroadIf the officer determines that the applicant is not a U.S. citizen or has evidence indicating that a U.S. passport or CRBA submitted as evidence was obtained or issued illegally, fraudulently, or erroneously, the officer reviews the case with USCIS counsel. Then, if appropriate, the officer may request that DOS revoke the U.S. passport or cancel the CRBA.[38]
Only DOS has the authority to revoke a U.S. passport or cancel a CRBA.[39] DOS may revoke a U.S. passport or cancel a CRBA in cases where the passport or CRBA was obtained or issued illegally, fraudulently, or erroneously.[40]
USCIS provides the following information to DOS in the passport revocation or CRBA cancellation request:

• The applicant’s complete biographic information, including name and any known aliases;
• The applicant’s last known address;
• All previous unexpired U.S. passport numbers and alien registration numbers (A-numbers);
• A copy of the CRBA or of the biographical page of the U.S. passport submitted as evidence (if available);
• An explanation for requesting revocation or cancellation, including reasons for the request, analysis of the facts and dates used in determining that the passport or CRBA should be revoked or cancelled, and evaluation of evidence indicating that the applicant did not acquire U.S. citizenship;
• Copies of all documentary evidence in support of the request, including certified translations of any documents written or originally prepared in a foreign language; and
• The contact information of the USCIS office making the request.

Adjudication of Application with Revocation or Cancellation Request
After reviewing the case on the merits and requesting a revocation of a U.S. passport or a cancellation of a CRBA from DOS, the officer generally may not complete the adjudication of the Application for Certificate of Citizenship until DOS responds.
If DOS notifies USCIS that it does not intend to revoke the passport or cancel the CRBA, USCIS approves the Application for Certificate of Citizenship.[41] However, in cases with unusual or complex circumstances, USCIS may further consult with DOS.
If USCIS has evidence indicating that a U.S. passport submitted as evidence was obtained or issued illegally, fraudulently, or erroneously, and the passport was valid at the time of filing, but is expired at the time of adjudication, the officer should review the case with USCIS counsel and DOS before adjudicating.[42]
If DOS revokes the U.S. passport or cancels the CRBA, the officer denies the application in cases where the applicant does not otherwise meet the eligibility requirements for issuance of a Certificate of Citizenship.
4. Photographs and SignatureUSCIS may require the applicant (person seeking the Certificate of Citizenship), regardless of age, to appear at a local Application Support Center (ASC)[43] for photograph and signature submission.[44] A parent or legal guardian may sign for a child under the age of 14.[45] The parent or legal guardian of the person for whom the Certificate of Citizenship is sought does not submit any photographs in connection with the Form N-600.
USCIS does not submit information collected in connection with Form N-600 to the Federal Bureau of Investigation (FBI) for a background check.
Photograph Submission Outside the United States
A person seeking a Certificate of Citizenship who is residing outside the United States only needs to submit two passport-style photographs with the properly submitted application. USCIS does not schedule overseas applicants for an ASC appointment. USCIS coordinates with military service members who are stationed outside of the United States, if necessary, to secure photographs.
Failure to Appear for the ASC Appointment
USCIS may consider the Form N-600 abandoned in cases where the person seeking a Certificate of Citizenship fails to appear for the ASC appointment, unless, by the appointment time, USCIS receives a change of address or rescheduling request that USCIS concludes warrants excusing the failure to appear.[46]
If USCIS denies the application due to abandonment, the person eligible for the Certificate of Citizenship, or the parent or legal guardian of the person eligible for the Certificate of Citizenship, or the parent or legal guardian who filed on behalf of a child seeking a Certificate of Citizenship, may submit a motion to reopen or reconsider by filing a Notice of Appeal or Motion (Form I-290B).[47]
USCIS does not deny an application for abandonment for failure to provide photographs if USCIS has evidence that the applicant is a member of the U.S. armed forces who is permanently or temporarily outside the United States and unable to provide photographs or appear to submit a photograph and signature for reasons related to the individual’s military service. USCIS coordinates with military service members in these circumstances.
F. Documentation and EvidenceThe applicant must submit the following required documents unless such documents are already contained in the USCIS administrative record or do not apply:[48]

• The child's birth certificate or record.
• Marriage certificate of child's parents, if applicable.
• Proof of termination of any previous marriage of each parent if either parent was previously married and divorced or widowed, for example:​
  • Divorce Decree; or​
  • Death Certificate.
• Evidence of United States citizenship of parent:​
  • Birth Certificate;​
  • Naturalization Certificate;​
  • Consular Report of Birth Abroad (FS-240);​
  • A valid unexpired U.S. passport; or​
  • Certificate of Citizenship.
• Documents verifying legitimation according to the laws of the child's residence or domicile or father's residence or domicile if the child was born out of wedlock.
• Documentation of legal custody in the case of divorce, legal separation, or adoption.
• If applicable, official orders (that is, a Permanent Change of Station (PCS)) from the respective department that authorized the child of the U.S. armed forces member, or the child of the spouse of such member and the spouse,[49] to accompany the U.S. citizen parent.
• Copy of Permanent Resident Card or Alien Registration Receipt Card or other evidence of lawful permanent resident status, such as an I-551 stamp in a valid foreign passport or travel document issued by USCIS.
• Copy of the full, final adoption decree, if applicable.[50]
• Evidence of all legal name changes, if applicable, for the child and U.S. citizen parent.

An applicant does not need to submit documents that were submitted in connection with:

• An immigrant visa application retained by the American Consulate for inclusion in the immigrant visa package; or
• An immigrant petition or application and included in a USCIS administrative file.

If necessary, an officer may continue the application to request additional documentation to make a decision on the application. 
G. Citizenship Interview and WaiverIn general, an applicant must appear in person for an interview before a USCIS officer after filing an Application for Certificate of Citizenship. This includes the U.S. citizen parent or parents if the application is filed on behalf of a child under 18 years of age.[51] USCIS, however, may waive the interview requirement if all the required documentation necessary to establish the applicant's eligibility is already included in USCIS administrative records or if the required documentation is submitted along with the application.[52]
H. Decision and Oath of Allegiance1. Approval of Application, Oath of Allegiance, and Waiver for Children under 14 Years of AgeIf an officer approves the Application for Certificate of Citizenship, USCIS administers the Oath of Allegiance before issuing a Certificate of Citizenship.[53]
However, the INA permits USCIS to waive the taking of the Oath of Allegiance if USCIS determines the person is unable to understand its meaning.[54] USCIS has determined that children under the age of 14 are generally unable to understand the meaning of the oath. 
Accordingly, USCIS waives the oath requirement for a child younger than 14 years of age. If USCIS waives the oath requirement, USCIS issues a Certificate of Citizenship after the officer approves the application.
2. Denial of ApplicationIf an officer denies the Certificate of Citizenship application, the officer must notify the applicant in writing of the reasons for denial and include information on the right to appeal in the notice.[55] An applicant may file an appeal within 30 calendar days after service of the decision (33 days if the decision was mailed).
Footnotes
[^ 1] See INA 320. See Appendix: Nationality Chart 3 - Derivative Citizenship of Children [12 USCIS-PM H.3, Appendices Tab].
[^ 2] February 27, 2001 is the effective date for these CCA amendments.
[^ 3] For the definition of a child, see Chapter 2, Definition of Child and Residence for Citizenship and Naturalization [12 USCIS-PM H.2].
[^ 4] For cases based on an adoptive relationship, the requirements of INA 101(b)(1)(E), INA 101(b)(1)(F), or INA 101(b)(1)(G) must be met. For guidance on citizenship for adopted children, see Volume 5, Adoptions, Part F, Citizenship for Adopted Children [5 USCIS-PM F].
[^ 5] USCIS considers a child to be under the age of 18 years even if the last condition for acquisition of citizenship falls on the day of the child’s 18th birthday. See Matter of L. M. and C. Y. C., 4 I&N Dec. 617 (BIA 1952).
[^ 6] A person is generally considered to be an LPR once USCIS approves the adjustment application or once the person enters the United States with an immigrant visa. See INA 245(b). For certain classifications, however, the effective date of becoming an LPR is a date that is earlier than the actual approval of the status (commonly referred to as a “rollback” date). See Part D, General Naturalization Requirements, Chapter 2, LPR Admission for Naturalization, Section A, LPR at Time of Filing and Naturalization [12 USCIS-PM D.2(A)]. A person who is born a U.S. national and is the child of a U.S. citizen may establish eligibility for a Certificate of Citizenship without having to establish LPR status.
[^ 7] For the definition of residence, see Chapter 2, Definition of Child and Residence for Citizenship and Naturalization, Section F, Definition of U.S. Residence [12 USCIS-PM H.2(F)].
[^ 8] See INA 320. See 8 CFR 320.2. Certain children of U.S. armed forces members or U.S. government employees (or their spouses) who are residing outside the United States may acquire citizenship under INA 320. See Section C, Children of Armed Forces Members or U.S. Government Employees (or their Spouses) [12 USCIS‑PM H.4(C)]. See INA 320(c) (added by the Citizenship for Children of Military Members and Civil Servants Act, Pub. L. 116-133 (PDF) (March 26, 2020)).
[^ 9] See 8 CFR 320.1.
[^ 10] If the requirements of INA 101(b)(1)(E), or INA 101(b)(1)(F), or INA 101(b)(1)(G) are met. See Volume 5, Adoptions, Part E, Family-Based Adoption Petitions [5 USCIS-PM E]. See Volume 5, Adoptions, Part C, Child Eligibility Determinations (Orphan) [5 USCIS-PM C]. See Volume 5, Adoptions, Part D, Child Eligibility Determinations (Hague) [5 USCIS-PM D]. For information on citizenship for adopted children, see Volume 5, Adoptions, Part F, Citizenship for Adopted Children [5 USCIS-PM F].
[^ 11] For information about USCIS policies pertaining to this group of children before March 26, 2020, see 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 [12 USCIS-PM H.4, Appendices Tab].
[^ 12] See Pub. L. 116-133 (PDF) (March 26, 2020) (codified at INA 320(c)).
[^ 13] Spouses must be U.S. citizens if the child seeks to acquire citizenship under INA 320 based on the child’s residence with that spouse.
[^ 14] The Citizenship for Children of Military Members and Civil Servants Act, Pub. L. 116-133 (PDF) (March 26, 2020), did not redefine “residence in the United States” for these children. Instead, it created an exception to the U.S. residence requirement by providing that INA 320(a)(3) is deemed satisfied in applicable cases.
[^ 15] These provisions do not affect children who have already been recognized by USCIS or the Department of State as having acquired U.S. citizenship under INA 320 through the issuance of a Certificate of Citizenship or passport.
[^ 16] This provision would also apply to a child adopted by a U.S. citizen parent if the child satisfies the requirements applicable to adopted children under INA 101(b)(1) and INA 320(b).
[^ 17] See INA 320(c)(2)(A)(i). For a list of qualifying military branches, see Part I, Military Members and their Families, Chapter 2, One Year of Military Service during Peacetime (INA 328), Section B, Honorable Service [12 USCIS-PM I.2(B)] and Section C, National Guard Service [12 USCIS-PM I.2(C)]. Service is not required to be “honorable” for the purposes of INA 320(c)(2)(A)(i) and a Request for Certification of Military or Naval Service (Form N-426) is not required as evidence.
[^ 18] See INA 320(c)(1)(A). An “employee of the U.S. government” means a person employed by the U.S. government and does not include a person employed under contract with the U.S. government. Because there is no statute or regulation defining employee or “employee of the Government of the United States” in the citizenship and naturalization context, the common law definition of employee applies. See Clackamas Gastroenterology Assoc., P.C., v. Wells, 538 U.S. 440, 448 (2003). See Nationwide Mutual Ins. Co. v. Darden, 503 U.S. 318, 322-23 (1992). The concept of “control” is the key to determining whether a person is an employee under the common law. See Nationwide Mutual Ins. Co. v. Darden, 503 U.S. 318, 323 (1992). Further, the plain language of the Citizenship for Children of Military Members and Civil Servants Act, Pub. L. 116-133 (PDF) (March 26, 2020), does not include persons employed under contract with the Government of the United States, in contrast to INA 316(b), which applies more specifically to persons “employed by or under contract with the Government of the United States.” 
[^ 19] Temporary orders, such as to serve in a combat zone or for mission support performance, do not affect the marital union between a military member and his or her spouse and would not impact acquisition of citizenship provisions under INA 320(c).
[^ 20] See INA 320(c)(2)(A)(ii) (spouses of U.S. armed forces member) and INA 320(c)(1)(B) (spouses of U.S. government employees).
[^ 21] See INA 320(c)(2)(B). For guidance on “official orders,” see Part I, Military Members and their Families, Chapter 9, Spouses, Children, and Surviving Family Benefits, Section A, General Provisions for Spouses, Children, and Parents of Military Members, Subsection 2, Documenting “Official Orders” [12 USCIS-PM I.9(A)(2)].
[^ 22] See INA 320(c)(2)(A)(ii).
[^ 23] For more information about adopted children who did not qualify under the CCA because they were at least 18 years of age on February 27, 2001 (were born on or before February 27, 1983), see Volume 5, Adoptions, Part F, Citizenship for Adopted Children, Appendix: How Previous Citizenship Provisions Apply to Adopted Children [5 USCIS-PM F, Appendices Tab].
[^ 24] See Section 321(b) of INA of 1952, Pub. L. 82-414 (PDF), 66 Stat. 163, 245 (June 27, 1952).
[^ 25] See Section 5 of the Act of October 5, 1978, Pub. L. 95-417 (PDF). The 1978 amendment limited this benefit to a child adopted while under 16 years of age. This restriction was removed in 1981 by the Act of December 21, 1981, Pub. L. 97-116 (PDF).
[^ 26] See 8 CFR 341.1. However, certain adopted children automatically receive a Certificate of Citizenship without having to file Form N-600. If an adopted child is admitted on an IR-3 or IH-3 visa (because the child’s adoption was finalized before entering the United States), is residing in the United States in the U.S. citizen parent’s legal and physical custody before the child reaches the age of 18, and otherwise fulfills the conditions of INA 320, USCIS automatically issues the child a Certificate of Citizenship. For additional information, see the USCIS Adoption webpage.
[^ 27] See INA 103(a)(1) and INA 104(a)(3).
[^ 28] See INA 341(a).
[^ 29] See 8 CFR 320.3(a).
[^ 30] See Section H, Decision and Oath of Allegiance [12 USCIS-PM H.4(G)]. See Part J, Oath of Allegiance, Chapter 2, The Oath of Allegiance [12 USCIS-PM J.2].
[^ 31] See 8 U.S.C. 1443a.
[^ 32] See 22 CFR 50.4.
[^ 33] See 22 CFR 50.5. See 8 FAM 101.1-2, Introduction to Consular Reports of Birth Abroad.
[^ 34] See 8 FAM 101.1, Introduction to U.S. Passports and Consular Reports of Birth Abroad.
[^ 35] See 22 U.S.C. 2705.
[^ 36] See Matter of Villanueva (PDF), 19 I&N Dec. 101 (BIA 1984) (Unless void on its face, a valid U.S. passport issued to a person as a citizen of the United States constitutes conclusive proof of the person’s U.S. citizenship). See 22 U.S.C. 2705 (A valid U.S. passport or CRBA has the same force and effect as proof of U.S. citizenship as Certificates of Naturalization or Certificates of Citizenship issued by USCIS). See 22 CFR 50.2.
[^ 37] A U.S. passport or CRBA does not serve as evidence of citizenship for noncitizen nationals.
[^ 38] See 22 U.S.C. 211a. See 22 CFR 51.60. See INA 361. See Rules Governing the Granting, Issuing, and Verifying of United States Passports, 31 FR 10603 (PDF) (Aug. 5, 1966). See Chapter 3, United States Citizens at Birth (INA 301 and 309), Section D, Application for Certificate of Citizenship (Form N-600), Subsection 3, Request to Revoke U.S. Passport or Cancel Consular Report of Birth Abroad [12 USCIS-PM H.3(D)(3)].
[^ 39] The process to request cancellation of a CRBA to DOS is the same as that for a passport revocation. The same process should be followed to request the revocation of a parent’s or grandparent’s U.S. passport or CRBA, when USCIS, while adjudicating an Application for Certificate of Citizenship, determines that it was issued illegally, fraudulently, or erroneously.
[^ 40] See INA 361.
[^ 41] See Matter of Villanueva (PDF), 19 I&N Dec. 101 (BIA 1984).
[^ 42] An expired U.S. passport may not be accepted as sufficient evidence of citizenship. In these cases, officers may need to request other evidence of U.S. citizenship.
[^ 43] Military service members may appear at any stateside USCIS ASC with or without an appointment. See Part I, Military Members and their Families, Chapter 6, Required Background Checks, Section C, Ways Service Members may Meet Fingerprint Requirements [12 USCIS-PM I.6(C)].
[^ 44] See 8 CFR 103.2(b)(9). See Volume 1, General Policies, and Procedures, Part C, Biometrics Collection and Security Checks, Chapter 2, Biometrics Collection [1 USCIS-PM C.2].
[^ 45] See 8 CFR 103.2(a)(2). See Volume 1, General Policies, and Procedures, Part B, Submission of Benefit Requests, Chapter 2, Signatures [1 USCIS-PM B.2].
[^ 46] See 8 CFR 103.2(b)(13)(ii). See Volume 1, General Policies and Procedures, Part C, Biometrics Collection and Security Checks, Chapter 2, Biometrics Collection [1 USCIS-PM C.2(A)].
[^ 47] See Notice of Appeal or Motion (Form I-290B). See 8 CFR 103.5 and 8 CFR 341.5(e). Although a person may file a motion to reopen or a motion to reconsider a denial due to abandonment, such a denial may not be appealed to the Administrative Appeals Office. See 8 CFR 103.2(b)(15). Moreover, any subsequent Application for a Certificate of Citizenship is rejected, and the applicant is instructed to submit a motion to reopen or reconsider. See 8 CFR 341.5(e). See 8 CFR 320.5(c).
[^ 48] See 8 CFR 320.3(b).
[^ 49] For guidance on “official orders,” see Part I, Military Members and their Families, Chapter 9, Spouses, Children, and Surviving Family Benefits, Section A, General Provisions for Spouses, Children, and Parents of Military Members, Subsection 2, Documenting “Official Orders” [12 USCIS-PM I.9(A)(2)].
[^ 50] For more information see Volume 5, Adoptions, Part F, Citizenship for Adopted Children, Chapter 3, Eligibility, Documentation and Evidence, Section B, Child Residing in the United States [5 USCIS-PM F.3(B)].
[^ 51] See 8 CFR 320.4.
[^ 52] See 8 CFR 341.2. See Section G, Documentation and Evidence [12 USCIS-PM H.5(G)].
[^ 53] See 8 CFR 320.5(a) and 8 CFR 337.1. See INA 337. See Part J, Oath of Allegiance, Chapter 2, The Oath of Allegiance [12 USCIS-PM J.2].
[^ 54] See INA 337(a). See 8 CFR 341.5(b).
[^ 55] See 8 CFR 320.5(b) and 8 CFR 103.3(a).

Post graduation work opportunities: OPT

Optional Practical Training (OPT) is a method for international students to obtain post-graduation work experience. The standard amount of OPT time is up to 12 months. For students holding a degree in certain Science, Technology, Engineering, or Math (STEM) subjects, the total OPT time can be up to 36 months.
However, it is important to note that OPT is not necessarily guaranteed. Unfortunately, young people living away from home for the first time can often get distracted or side-tracked with the plethora of activities on a college campus. Regrettably, there are many instances of international students falling out of immigration status or missing certain OPT filing deadlines, because of poor communication with the Designated School Official (DSO) within a university's international students office. That is why we recommend international students to remain in close contact with the DSO and update the DSO on issues such as poor grades, illness, the need to transfer universities, or the desire to apply for OPT to avoid these issues.
In addition, it is worth noting that the three-year STEM OPT opportunity may be available for subjects that are not traditional STEM fields. For example, recently there is a trend for Master of Business Administration (MBA) with sufficient quantitative content to also qualify the student for three-year STEM OPT. In fact, if a student has a STEM undergrad degree and a STEM MBA degree, one could have up to six years of OPT work experience.

Post graduation work opportunities: Work visas and green card

For some graduates, the available OPT time may be insufficient and they may prefer to obtain a longer-term work visa. In this case, it is important to pay attention to the annual filing deadlines for the H-1B Specialty Occupation work visa lottery, which occurs once a year in March. Winning the H-1B lottery is certainly not guaranteed (i.e. average odds may be around 25-30%); however, the chances of winning can be increased if the student has a US master's degree or higher. That is because, beyond the regular cap of 65,000 H-1B visas, there is an additional pool of 20,000 H-1B visas for those with a US masterʼs degree or higher,  potentially increasing the lottery odds to around 50%.

In a 6-3 ruling in U.S. Department of State et al v. Munoz et al (Case Number 23-334), the Supreme Court of the United States (SCOTUS) reaffirmed the doctrine of consular nonreviewability ruling against a U.S. citizen’s spouse who argued that the federal government violated her due process rights by denying her Salvadoran spouse an immigrant visa based on an approved family-based petition. The doctrine of consular nonreviewability holds that because the INA fails to authorize judicial review of consular decisions denying visas, federal courts do not have the authority to review visa denials.
In Munoz, SCOTUS held that U.S. citizens do not have a constitutional fundamental liberty interest in their non-citizen spouse’s ability to be admitted to United States, moreover, that U.S. citizens are not constitutionally entitled to review of denied visas as they could not raise this issue indirectly in their spouse’s case.
Ms. Munoz, a U.S. citizen, and her non-citizen spouse of over 10 years, Mr. Munoz, were forced to live apart for several years. Mr. Munoz was denied a visa following several interviews and without any explanation other than a broad reference to section 212(a)(3)(A)Iii) of the Immigration and Nationality Act (INA), which makes an individual inadmissible if the consular officer “knows, or has reasonable ground to believe” that the individual seeks to enter the United States to engage in unlawful activity. Ms. Munoz eventually guessed (correctly) that the Consulate believed her husband was a member of MS-13, a transnational criminal gang, due to his tattoo. Mr. Munoz asked the Consulate to reconsider its visa denial, but the Consulate denied this request. The couple then filed a federal lawsuit against the Consulate and the Department of State (DOS), arguing, inter alia, that the government had abridged Ms. Munoz’s constitutional liberty interest in her husband’s visa application by failing to give a sufficient reason he was inadmissible under the cited INA provision. The District Court granted summary judgment in favor of DOS after DOS admitted the denial was in fact based on a consular officer’s determination that Mr. Munoz had religious tattoos that looked like gang logos. Thereafter, the Ninth Circuit Court of Appeals vacated the judgment, which brought the case next to the U.S. Supreme Court.
In its ruling, SCOTUS indicated that the “’the Due Process Clause specially protects’ only ‘those fundamental rights and liberties which are, objectively, deeply rooted in this Nation’s history and tradition.’” While Munoz invoked the fundamental right to marriage, SCOTUS concluded that Ms. Munoz was in fact claiming something different – the right to reside with her non-citizen spouse in the U.S. And that, SCOTUS concluded, is not a right deeply rooted in the nation’s history. Indeed, the country’s history instead recognizes instead the government’s sovereign authority to set the terms of admission and exclusion. SCOTUS also noted that while Congress has made some specific exceptions for spouses, Congress has not made spousal immigration a matter of right.
In its decision, SCOTUS distinguished an earlier case, Kerry v. Din, 576 U.S. 86 (2015) where in a concurring opinion, Justice Anthony Kennedy assumed that a U.S. citizen would have a liberty interest that would be burdened by a spouse’s visa denial and was therefore entitled to more information than a simple citation explaining the denial. In that case, Justice Kennedy was referring to the fact that a U.S. citizen should have some right to question a denial of a spouse’s visa because there could be “bad faith” denial.
Some advocates are concerned that SCOTUS’ opinion in Munoz could lead to unnecessary family separations and subject U.S. citizen spouses to arbitrary decisions by consular officers, denying them the opportunity to build their lives together with their spouses in the U.S. Moreover, this decision casts fear and uncertainty on non-citizen spouses who have an approved family-based petition who must leave the country temporarily to process their immigrant visas abroad – not knowing whether a consular officer may erroneously deny their visa. Ultimately, SCOTUS’ decision may force U.S. citizen spouses to leave the U.S. so they can live with their spouses abroad – without having had the ability to challenge a potentially erroneous visa denial by a consular officer.

https://www.supremecourt.gov/docket/docketfiles/html/public/23-334.html

https://supreme.justia.com/cases/federal/us/602/23-334/

Inquiries for VAWA, T, and U Filings (Including Form I-751 Abuse Waivers)If you have a previously filed, pending, or approved VAWA, T, or U-related case, you may call the USCIS Contact Center at 800-375-5283 (TTY: 800-767-1833) to request information about your case or certain services, such as an address change.
USCIS must verify your identity and confirm your eligibility to receive information before providing any information or other requested service. Before calling the USCIS Contact Center, you should have your receipt notice(s) for the particular form(s) on which you would like to request information or other services for reference during the call. You should also have a copy of the pending or approved application or petition that you are calling about readily available, if possible. If the USCIS Contact Center is unable to provide information or to make the change that you requested, you may be scheduled for an in-person appointment at a USCIS field office.
Protected individuals may also send a secure message from their USCIS online account, and USCIS will call the person to complete the enhanced identity through the specialized verification process. Once a protected person’s identity has been verified through this process, the Contact Center can respond to the inquiry or provide assistance.
Petitioners and applicants may also send signed written inquiries or requests for biometrics appointments, including a new date or time or location, to:

• For cases located at the Vermont Service Center (receipt number begins with EAC):

U.S. Citizenship and Immigration Services
Vermont Service Center
ATTN: Humanitarian Division
38 River Road
Essex Junction, VT 05479-0001

• For cases located at the Nebraska Service Center (receipt number begins with LIN):

U.S. Citizenship and Immigration Services
Nebraska Service Center
ATTN: I-918
P.O. Box 87918
Lincoln, NE 68501-7918
If the inquiry is related to a Form I-751 waiver based on battery or extreme cruelty, then petitioners and/or their representatives must submit the signed inquiry to the appropriate service center by paper correspondence:

• U.S. Citizenship and Immigration Services
  California Service Center
  ATTN: WS 13057
  P.O. Box 10751
  Laguna Niguel, CA 92607-1075
• U.S. Citizenship and Immigration Services
  Nebraska Service Center
  P.O. Box 87918
  Lincoln, NE 68501-7918
• U.S. Citizenship and Immigration Services
  Potomac Service Center
  6046 N Belt Line Rd. STE 114
  Irving, TX 75038-0020
• U.S. Citizenship and Immigration Services
  Texas Service Center
  ATTN: SRMT/COA or SRMT/IRT
  6046 N Belt Line Rd. STE 751
  Irving, TX 75038-0020
• U.S. Citizenship and Immigration Services
  Vermont Service Center
  ATTN: Humanitarian Division
  38 River Road
  Essex Junction, VT 05479-0001

Attorneys and accredited representatives may also send inquiries to the following email addresses:

• For U nonimmigrant petitions, Petitions for Qualifying Family Members of U-1 Nonimmigrant, and U-based adjustment of status applications located at the Nebraska Service Center: nsc.i‑918inquiries@uscis.dhs.gov
• For U nonimmigrant petitions, Petitions for Qualifying Family Members of U-1 Nonimmigrant, and U-based adjustment of status applications located at the Vermont Service Center: HotlineFollowupI918I914.vsc@uscis.dhs.gov
• For all T nonimmigrant status and T-based adjustment of status applications: HotlineFollowupI918I914.vsc@uscis.dhs.gov
• For all VAWA petitions: HotlineFollowUpI360.vsc@uscis.dhs.gov

Note: To receive a response, the individual making the inquiry must have a properly executed Form G-28, Notice of Entry of Appearance as Attorney or Representative, filed on the specific case. We will not respond to emails from anyone who is not named on the Form G-28 on file for the case.

This new update is intended to help those individuals who have no attorney or legal representative and try to contact USCIS about their cases. In the past, it was possible to mail a letter, but the response time was very long and not always reliable. Let's hope this new system works!

If you have an attorney, attorneys have other way of contacting the USCIS offices.

https://www.uscis.gov/policy-manual/volume-1-part-a-chapter-7