Holy hell, look at footnote 3 too. https://www.uscis.gov/sites/default/files/policymanual/updates/20190828-ResidenceForCitizenship.pdf …pic.twitter.com/iKXuWToZJC
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An addendum, to explain in part why this gets so confusing: If you open the US Code and look at the main citizenship at birth provision (8 USC 1401), it looks like pretty much everyone with at least one parent who's a citizen is going to be a citizen by birth.pic.twitter.com/4Neiqv2MJl
But it's not so simple. Even though there's **absolutely nothing** in the first provision's text to warn you, the generous middle clauses about kids born overseas--(c), (d), (e), and (g)--are limited by 8 USC 1409, which adds extra conditions if the kid is born out of wedlock.pic.twitter.com/cVgCsAOZef
The extra conditions on automatic citizenship are particularly severe if the child's out-of-wedlock mother is not a US citizen--A LOT of paperwork. None of that statutory stuff is new today. But it is more relevant to military/govt employees today because of this change.
Those people serving their country will have to either navigate the naturalization process (and all its burdens) for their kid or wade into this statutory thicket. It's a thicket that gets kind of rough for, e.g., a male embassy Marine who isn't married to his son's mother.
I suspect that's why, in its footnote way up there, USCIS wrote that "the U.S. citizen parent of such a child may apply for naturalization on the child’s behalf" (rather than, say, "all these kids are citizens by birth anyway so this 320 process is superfluous").
Sometimes it helps to just look at the form. This is the application for citizenship form they're now asking the affected parents to use; it can be used for both biological and adopted children of citizens. You can find the whole thing here: https://www.uscis.gov/n-600k pic.twitter.com/5RqZ08MaMh
Under this policy, I am not a US citizen (born in Japan to parents in service)...this is not retroactive, right?
I don't think they could make it retroactive even if they wanted. But IANAL, so this doesn't mean much. My understanding is that the change only would affect a future you if your parents didn't reside in the US for 5 years before your birth.
Huge hassle to me and my family. Just found out about this first hand about three weeks ago as my stepdaughter was preparing to register for the citizenship exam. I'm not feeling like my country values me or my service to the nation at all this evening.
I'm a reporeter for NBC, can you follow me back so I can messge you?
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