New Citizenship Guidance from USCIS: Update on Legal and Physical Custody Requirements

FRONT MARCH 20, 2025 / IN BLOGS , TR

Asım Kılınç, Immigration Lawyer, CK Law Firm

U.S. Citizenship and Immigration Services (USCIS) has published a comprehensive new citizenship guide from USCIS covering the legal and physical custody requirements associated with the acquisition and naturalization processes of U.S. citizenship under Sections 320 and 322 of the Immigration and Nationality Act (INA). This guide also provides a detailed explanation of citizenship derivation prior to the Child Citizenship Act of 2000 and addresses the derived citizenship process under Section 321 of the former INA.

USCIS's new citizenship guidance aims to ensure more consistent application of legal and physical guardianship criteria in the evaluation of citizenship applications. These changes also contribute to the fair and efficient processing of applications for citizenship certificates. The update will apply to applications submitted on or after November 19, 2024, and aims to address potential uncertainties in the process.

When you read this article, you will learn about the following topics:

• Legal and Physical Custody Requirements Detailed
• New Era in Citizenship Applications
• Legal and Policy Basis: Executive Order 14012
• The Impact of the Guide

If you have any questions about the subject other than those mentioned above, please don't forget that you can send them to me via the comments section below this article, by sending me a message directly on LinkedIn, or through the website of CK Law Firm, the immigration law firm of which I am a founding partner!

Legal and Physical Custody Requirements Detailed

The updated guide addresses legal and physical guardianship criteria under the following headings:

1. Legal Guardianship

• USCIS has expanded the circumstances in which a U.S. citizen parent has legal custody over a child. Specifically, it has clarified the impact of retroactive (nunc pro tunc) corrections on custody decisions.
• Clarifies how USCIS will evaluate private custody agreements or informal agreements between parents without a court order.
• In cases where there is no legal guardianship, a US citizen parent may be considered to have legal custody if he or she has de facto and undisputed custody of the child.

2. Physical Custody

• Physical custody is considered valid when the child physically lives with or shares a residence with the U.S. citizen parent. This criterion also details how the actual living arrangements between the parent and child will be evaluated.

3. Derivation of Citizenship Before the Child Citizenship Act of 2000

• The update details the requirements of the old INA section 321, which were in effect prior to 2000. Criteria such as legal custody, marital status of the parents, and age of the child are clearly addressed.

4. Citizenship Certificate Applications

• New citizenship guidance from USCIS emphasizes that applicants who cannot fulfill the oath pledge or are not exempt from taking that oath cannot be issued a citizenship certificate.

New Era in Citizenship Applications

This new guide provides clearer criteria for assessing the citizenship rights of children of US citizen parents. Detailed explanations and procedures have been included to ensure the swift and consistent processing of citizenship applications. For example, if there is no court order regarding a parent's custody status, it clarifies how this will be assessed with additional evidence submitted during the application process.

Legal and Policy Basis: Executive Order 14012

These updates are in line with the objectives of Executive Order 14012. This order aims to increase confidence in the legal immigration system and strengthen integration and citizenship efforts for new Americans. To this end, USCIS is taking various steps to remove barriers to citizenship and better integrate immigrants into U.S. society. The new guidance eliminates uncertainties in the immigrant citizenship process and provides applicants with greater transparency and guidance.

The Impact of the Guide

This update will enable USCIS to make more fair and transparent decisions regarding citizenship acquisition and derivation processes. Detailed clarifications, particularly regarding legal and physical custody requirements for children, will allow applicants to better understand their process.

For more information, see Volume 12, Chapter H, or the related Policy Alert page of the USCIS Policy Guide. This guide is an important resource not only for applicants but also for immigration law professionals.

For professional support, detailed information, and consulting services, please contact us at info@cklawfirm.com, via cklawfirm.com, or LinkedIn. You can find industry developments and announcements about our firm on our news page.

Who is Lawyer Asım Kılınç?

Attorney Asım Kılınç, founding partner of CK Law Firm, is known for his expertise in immigration law and the legal processes surrounding living in the U.S. Having completed his master's degree from Southern Methodist University's Dedman School of Law, Kılınç is a member of the Missouri Bar Association and focuses specifically on U.S. immigration law.

Attorney Kılınç's in-depth knowledge and experience in immigration law significantly contribute to CK Law Firm's success in this field. Having actively participated in the preparation of over 1,000 immigration cases, she has proven her expertise in this field. She provides comprehensive and professional legal support to her clients, facilitating their adaptation to their new lives in the US.

We provide our clients with the highest quality service in citizenship, Green Card, work permit and other immigration processes, supporting them throughout the entire process from the beginning to US citizenship.

Reinforcing CK Law Firm's leadership in immigration law, Attorney Asım Kılınç provides his clients with reliable and effective legal consultancy services, supporting them on their journey to establishing a new life in the United States.