USCIS has updated its guidance on legal and physical custody requirements for acquiring U.S. citizenship under sections 320 and 322 of the Immigration and Nationality Act (INA). The update clarifies how legal and physical custody are determined for children of U.S. citizens, including situations involving retroactive custody orders, private custody agreements, and cases without judicial custody determinations. It also provides expanded guidance on citizenship claims before the Child Citizenship Act of 2000 and reinforces the requirement for applicants to take the Oath of Allegiance unless eligible for a waiver. These changes aim to ensure consistency in adjudicating citizenship claims and align with efforts to improve access to citizenship under Executive Order 14012.
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