On November 19, 2024, U.S. Citizenship and Immigration Services (USCIS) released new guidance on the legal and physical custody requirements for children acquiring U.S. citizenship. These updates aim to provide clearer policies regarding custody for children under Sections 320 and 322 of the Immigration and Nationality Act (INA). The changes also expand the guidance for deriving citizenship before the implementation of the Child Citizenship Act of 2000 (CCA).

If you’re navigating citizenship processes for your child, understanding these updates is crucial. Additionally, accurate documentation, including certified translations, plays a key role in ensuring successful applications. Here’s a breakdown of the changes and how Rush Translations and Immigrant Services can assist you.

The updated guidance clarifies how legal and physical custody are determined when applying for U.S. citizenship under Sections 320 and 322 of the INA. Key changes include:

1. Expanded Guidance on Legal Custody

• USCIS now considers legal custody in cases where:
  • A nunc pro tunc (retroactive) correction of a custody order has been issued.
  • Private custody agreements are recognized.
  • A U.S. citizen parent has uncontested custody in jurisdictions without specific legal custody determinations.

2. Clear Definition of Physical Custody

USCIS clarifies that physical custody means the child must physically reside or live with the U.S. citizen parent.

3. Clarification on Pre-CCA Citizenship Claims

USCIS has expanded its guidance on citizenship claims made under former INA Section 321, providing detailed clarification on each requirement, including legal custody.

4. Oath of Allegiance Requirement

The guidance emphasizes that USCIS cannot issue a Certificate of Citizenship if the applicant does not take the Oath of Allegiance unless they are eligible for a waiver.

These updates aim to simplify and standardize the adjudication of citizenship claims, ensuring consistent determinations across cases. For families undergoing the citizenship process, understanding these changes can help prevent delays and improve application outcomes.

If you’re submitting citizenship or naturalization applications, certified translations are often required for non-English documents. These could include:

• Birth Certificates
• Custody Agreements
• Court Orders
• Adoption records

Certified translations ensure that your documents comply with USCIS requirements avoiding unnecessary delays in the process. At Rush Translations and Immigrant Services, we specialize in translating legal documents accurately and efficiently.

At Rush Translations and Immigrant Services, we provide certified translation services tailored to meet USCIS standards. Our team of professional translators ensures your documents are accurate and legally compliant.

Why Choose Us?

• USCIS Approval Guaranteed: All translations meet the requirements set by USCIS for legal and physical custody documentation.
• Fast Turnaround: Need your translations quickly? We offer 24-hour delivery for most projects.
• 100+ Languages Supported: From Spanish to Arabic, we handle translations for a wide variety of languages.
• Confidential and Secure: Your sensitive legal documents are handled with the utmost confidentiality.

Whether you need translations for custody agreements, court orders, or other documents, you can rely on us to deliver accurate and timely results.

Navigating the naturalization and citizenship process for your child can be complex. Here’s a step-by-step guide to help you prepare your documents:

1. Understand the Requirements: Familiarize yourself with USCIS guidelines, including custody requirements under Sections 320 and 322 of the INA.
2. Gather Supporting Documents: Compile all necessary documents, including birth certificates, custody orders, and adoption records.
3. Verify Language Requirements: Ensure all non-English documents are accompanied by certified translations.
4. Work with Trusted Professionals: Partner with Rush Translations and Immigrant Services for translations that meet USCIS standards.
5. Submit a Complete Application: Include all required documentation and certified translations to avoid processing delays.

The recent changes reflect USCIS’s commitment to ensuring equitable access to immigration benefits. These updates align with Executive Order 14012, which focuses on restoring faith in the legal immigration system and strengthening inclusion efforts for new Americans.

The updated USCIS guidance on legal and physical custody requirements for children acquiring U.S. citizenship brings much-needed clarity to the process. Whether you’re navigating a complex custody arrangement or preparing documents for naturalization, ensuring your application is complete and compliant is essential.

At Rush Translations and Immigrant Services, we’re here to support you with accurate, USCIS-approved certified translations. Trust us to handle your documents with precision and confidentiality, ensuring a seamless citizenship process.

Contact us today to learn more or request a free quote for your certified translation needs.