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Trump administration clarifies policy on citizenship of children born abroad to American servicemembers Ken Cuccinelli, the acting director of U.S.

The child has the same rights as other citizens, even the right to someday run for President.

Citizenship and Immigration Services (USCIS) is issuing policy guidance relating to the use of Assisted Reproductive Technology (ART).The paternity of the child is established by adjudication of a competent court.The mother was physically present in the United States or OLP for at least 5 years prior to the child’s birth (at least 2 years of which were after age 14).At least one parent had resided in the United States or one of its outlying possessions.In general, a person born outside of the United States may acquire citizenship at birth if:The child is legitimated under the law of his or her residence or domicile;​USC parent resided in the United StatesAt least one parent naturalizedThe child was legitimated OR acknowledged before age 18 (legitimated under the laws of the child’s residence or domicile; or paternity acknowledged in writing under oath; or paternity established by court order);The USC father was physically present in the United States or OLP for 10 years, at least 5 years of which were after age 14, at the time of the child’s birth; andAt least one USC parent resided in the United States or OLPAs a dependent unmarried son or daughter of such persons.A blood relationship between the child and father was established;If the child does not meet these requirements, but one or both parents resided in the United States at any time prior to the child’s birth, the officer should consult the Office of Chief Counsel (OCC).This technical update replaces all instances of the term “foreign national” with “alien” throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].A written agreement of financial support may come in different forms and documents.

Anyone with U.S. citizenship at birth is considered native born, which includes people born in the United States or in U.S. outlying areas and people born abroad with at least one American parent. Here is a breakdown:WASHINGTON – A new policy change from the Trump administration about the citizenship status of some children born abroad to U.S. military members and government employees drew attention this week to a specific method by which foreign-born babies become citizens.Prior to this change, one of the forms that parents could have used was section 320 of the Immigration and Nationality Act, which states that a child born outside of the U.S. will automatically become a citizen if they meet these requirements:• The child is under the age of eighteen.However, this new policy will change the definition of "residing in" and what that means, which means parents can no longer use that form to gain citizenship for their child.• The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.