American Immigration Lawyers Association
New York City Bar
Avvo Rating
Avvo Client's Choice
Super Lawyers
Profinder David Katona

USCIS Implements New Law Regarding Citizenship for Children of Military Members

FamilyOn September 18, USCIS updated their policy guidance about residency requirements under section 320 of the Immigration and Nationality Act (INA). This was done to meet the requirements of the recently enacted Citizenship for Children of Military Members and Civil Servants Act.

This new guidance states that a child born outside the United States acquires automatic citizenship under INA 320, even if they are residing outside the country, when the child is a lawful permanent resident and in the custody of their U.S. citizen parent who meets one of the following criteria:

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

The child is also required to meet all generally applicable requirements for automatic acquisition of citizenship under INA 320(a) and (b), except for the residency requirement. In cases of U.S. armed forces members, the child and the U.S. citizen parent must be authorized to accompany and reside abroad with them pursuant to the member’s official orders. In addition to this, the new law reverses the policy change issued by USCIS in August 2019 to agree with existing State Department policy and federal law.

As of March 26, 2020, U.S. citizen parents and military/government employees or their spouses, stationed outside of the country, can file Form N-600. This is the Application for Certificate of Citizenship. This is filed for their children residing outside the U.S. because the child, if eligible under the new INA 320(c), are exempt from the residency requirement. When all requirements are met and they complete the process by traveling to the country, the child can receive their Certificate of Citizenship. This applies to eligible children who were under the age of 18 on March 26, 2020.

Contact Our Firm

Katona & Associates, PLLC is an experienced, highly dedicated New York City immigration law firm located in lower Manhattan. Our firm works with clients in all matters of immigration law, including employment immigration, family immigration, deportation defense, green cards, and citizenship. Contact us to discuss your case and get the help you need.

Client Reviews
★★★★★
"Before I decided to hire David as my immigration attorney, I made thorough research online and I can say that I don’t regret a second that I made the right choice to choose him to represent me as my immigration attorney to apply for my green card. From day one, he was very helpful and patient. I asked him lots of questions during the application process and he provided me always great advice. I am definitely recommending David to every person who needs legal advice. He was very helpful." Alper
★★★★★
"Mr. Katona helped us well prepared our AOS interview, and gave us tons of recommendations. He’s not only professional but also very friendly and patient. He listened to our concerns, answered all our questions and eased our anxiety. He went to the interview with us and our case approved on the spot. He’s definitely the best immigration lawyer in the city. If you need an immigration attorney, Mr. Katona is the right person to talk with." Luyao Y.
★★★★★
"I am overjoyed to come back here and give attorney Katona yet another outstanding review. He confidently guided me and I took what other attorneys considered too big of the risk and I am back with GC!!!" Marta