USCIS Updates (April 17-24)
USCIS Clarifies Guidance on Citizenship and Naturalization for Adopted Children
Effective immediately, USCIS is updating Volumes 5 and 12 of their Policy Manual to clarify how U.S. citizenship and naturalization provisions apply to adopted children.
This policy manual update consolidates and clarifies existing information in Volume 5 and supplements policy in Volume 12 of the Policy Manual on citizenship and naturalization. The updated guidance:
- Describes requirements for adopted children to meet the definition of a child for citizenship and naturalization purposes, including having an adoption that is considered full, final, and complete for immigration purposes;
- Explains eligibility for U.S. citizenship for adopted children who reside in the United States and how to obtain a Certificate of Citizenship;
- Explains eligibility for U.S. citizenship for adopted children who reside outside of the United States and how to apply for citizenship and issuance of a certificate; and
- Provides guidance on the acquisition of citizenship and naturalization when an adoption is disrupted or dissolved.
The updated guidance does not change the requirements for adopted children to become U.S. citizens. USCIS is updating this guidance to help adoptive families and adoptees understand these requirements so adoptees may secure U.S. citizenship and documentation of their citizenship, if they are eligible.
Some children immigrating based on adoption automatically acquire U.S. citizenship when they are admitted to the United States as lawful permanent residents. Others do not, and their adoptive parents need to take additional steps before an adopted child turns 18 years of age for the child to obtain U.S. citizenship through an adoptive parent. Adoptees who do not obtain citizenship through their adoptive parents before turning 18 may be eligible to apply for naturalization after the age of 18.
USCIS Extends Temporary Suspension of Biometrics Submission for Certain Form I-539 Applicants
USCIS has extended the temporary suspension of the biometrics submission requirement for certain applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status, requesting an extension of stay in or change of status to H-4, L-2, or E nonimmigrant status. The previously announced suspension, which was initially in place until May 17, 2023, has been extended through Sept. 30, 2023.
USCIS will allow adjudications for those specific categories to proceed based on biographic information and related background checks, without capturing fingerprints and a photograph. However, they retain discretion, on a case-by-case basis, to require biometrics for any applicant, and applicants may be scheduled for an application support center appointment to submit biometrics.
If somebody is a Form I-539 applicant meeting the biometrics suspension criteria, she/he does not need to submit the $85 biometric services fee for Form I-539 during the suspension period. USCIS will return a biometric services fee if submitted separately from the base fee and will reject paper Form I-539 applications if somebody meets the above criteria and submit a single payment covering both the filing fee and the $85 biometrics services fee. If USCIS rejects the paper application because somebody included the $85 biometrics service fee, she/he will need to re-file Form I-539 without the biometric services fee.
