The Trump administration has cancelled automatic citizenship for children of US service members and Government employees living abroad and also children of non-citizens born in the United States.
According to the Department of Defense (DOD), this will only affect the children of naturalized US citizens serving in the armed forces who have not lived in the US for a required period of time. What this means is that U.S. citizen parents who are residing outside the country would have to apply for citizenship of the United States for their children after birth.
US citizenship can be acquired either by birth in this scenario, being born in the country or by application especially children born abroad. They can acquire citizenship through their US citizen parents either at birth or before the age of 18.
Under the new citizenship policy which will be effective from October 29, Non-citizens are also expected to stay for at least 6 weeks in the US before their children born in the country will be considered citizens. The aim of this policy is to narrow how children abroad can gain citizenship.
President Donald Trump has occasionally voiced his support for ending birthright citizenship recently said he was "seriously" considering ending it, though it's unclear how he'd have the legal authority to do so.
Acting USCIS Director Ken Cuccinelli said on Twitter that the new policy "does NOT impact birthright citizenship."
“Effective October 29, 2019, children residing abroad with their U.S. citizen parents who are U.S. government employees or members of the U.S. armed forces stationed abroad are not considered to be residing in the United States for the acquisition of citizenship,”
“Similarly, leave taken in the United States while stationed abroad is not considered residing in the United States even if the person is staying in a property he or she owns.
“Therefore, U.S. citizen parents who are residing outside the United States with children who are not U.S. citizens should apply for U.S. citizenship on behalf of their children under INA 322 8 and must complete the process before the child’s 18th birthday.
“The child of a member of the U.S. armed forces accompanying his or her parent abroad on official orders may be eligible to complete all aspects of the naturalization proceedings abroad. This includes interviews, filings, oaths, ceremonies, or other proceedings relating to naturalization.
“Applications filed on or after October 29, 2019, are subject to this policy. The policy in place before October 29, 2019, applies to applications filed before that date. Children who have already been recognized through the issuance of a Certificate of Citizenship as having acquired U.S. citizenship under INA 320 are not affected by this policy change.”
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