New custody rules for children applying for U.S. Citizenship

In November 2024, the U.S. Citizenship and Immigration Services announced broad changes in its policies, which mainly target those related to the custody of minors when pursuing U.S. citizenship.

These changes reflect the commitment to address unique and complex realities that families must face while going through the immigration process.

These modifications are intended to recognize more custody arrangements to recognize non-traditional agreements and family court decisions to grant shared custody.

They also respond to the purpose of this federal agency and the Department of Homeland Security (DHS) to benefit more children; thanks to the broad protections they can be entitled to if they become naturalized as American citizens.

What’s New for Minors Seeking US Citizenship?

In this sense, USCIS is starting with a more straightforward definition of legal custody to avoid ambiguities and favor the positive interpretation of the regulations for derivative citizenship. The statement now includes children who are under guardianship, temporary custody, or who are legally adopted.

This agency considers that a U.S. citizen parent who has actual and uncontested custody of a child also legally exercises custody to acquire citizenship, even when there is no judicial determination. The new modifications clarify the effect of retroactively correcting a custody order and clarify when USCIS can recognize private custody agreements.

As in other naturalization cases, the new document clarifies that USCIS will not issue a Certificate of Citizenship to any applicant, including minors, who does not take the oath of allegiance.

In the case of the regulations that have just come into effect on the custody of children seeking U.S. citizenship, the professionals at our firm consider that these transformations derive from Executive Order 14012: "Restoring Confidence in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans," announced by the White House in 2021.

This directive recognizes that, at least as of 2021, more than 40 million people born in other countries resided in the United States and that an even more significant number of Americans have immigrants in their families. Thus, it is essential to restore American society's trust in official immigration systems to promote order and legality.

The change will bring more clarity and precision to the process and help families as the standards are applied uniformly and fairly. With more solid guidance, applicants will be better informed about their requirements and present their cases with greater confidence knowing that criteria will be assessed clearly and equitably. This step supports the commitment to facilitating access to fair citizenship rights for those who meet the established legal conditions.

Talk to an attorney for guidance through the process.

To handle all these processes, we can advise you to consider the legal advice of attorneys dealing with immigration or family law cases, such as those from Gallardo Law Firm, along with these updates to the laws. We must not forget that, under constant updates for practical reasons and political influences, the immigration system is complete with forms, rules, and procedures that can seem like a labyrinth.

In general terms, we propose the first steps you can take toward the naturalization of your children as American citizens by the new regulations:

1. Verify that your child resides under your legal and physical custody since, in this way, you are legally authorized to make crucial decisions in the life of the minor.
2. Obtain custody documentation since, if there is no legal determination, USCIS may consider that you have uncontested custody and authority of the child.
3. Complete form N-600 to obtain a certificate that accredits the naturalization of your child as an American citizen.
4. Prepare the child to take the Oath of Allegiance or present evidence that they are eligible for an exemption.

The best alternative is always to seek out a lawyer who understands the emotions and challenges you face. They will help you avoid costly mistakes that could jeopardize your goals and will explain all the options available to you for your particular situation, ensuring that you make informed decisions and protect your well-being and that of your family.