22 Nov USCIS Updates Guidance on Custody for Children Seeking U.S. Citizenship

Introduction 

On November 19, 2024, USCIS released new guidance clarifying the requirements for legal and physical custody in cases of children acquiring or deriving U.S. citizenship.  

Key Changes in USCIS Guidance 

• USCIS now includes uncontested custody arrangements without court orders in the definition of legal custody. This change is particularly beneficial for families where parents have come to mutual agreements regarding custody but have yet to formalize those arrangements in court.  
• Nunc pro tunc orders—court orders issued retroactively—are now acknowledged by USCIS for legal custody purposes. This is crucial for families who previously lacked formal custody arrangements at the time of eligibility. 
• Physical custody has been clarified to mean the child resides with the U.S. citizen parent. This new definition addresses cases where children may have spent significant time with their parents even without formalized legal custody. 

Navigating Changes 

Families seeking to benefit from these changes should consult with legal professionals to ensure compliance and explore how these updates may apply to their unique circumstances.  

Reach out to Khamoushian Law Group for guidance on your immigration journey and stay informed on the latest developments! 

Link to Original Article: https://www.uscis.gov/newsroom/alerts/uscis-updates-guidance-on-determining-custody-for-children-acquiring-us-citizenship