The old policy conflicted with statutes issued since it was first published in 2004:
“However, as of October 29, 2019, USCIS is no longer committed to this reasoning because the prior USCIS policy guidance is in conflict with several provisions of the Immigration and Nationality Act (INA), especially with changes to the acquisition of citizenship statutes that occurred in 2008, after the initial policy determination in 2004.
First, permitting a child to be eligible simultaneously for a Certificate of Citizenship under INA 320 and for naturalization under INA 322 conflicts with the language of INA 322(a), which states that a parent “may apply for naturalization on behalf of a child born outside of the United States who has not acquired citizenship automatically under INA 320.”
Second, considering children who are living outside of the United States to be “residing in the United States” conflicts with the definition of “residence” at INA 101(a)(33), which defines “residence” as a person’s “principal, actual dwelling place in fact.”
Third, considering these children to be “residing in the United States” is at odds with INA 322(d), which was enacted in 2008,16 4 years after USCIS issued policy guidance on the topic. When Congress enacted INA 322(d), it provided for special procedures in cases involving the naturalization of “a child of a member of the Armed Forces of the United States who is authorized to accompany such member and reside abroad with the member pursuant to the member's official orders, and is so accompanying and residing with the member.”
Congress placed this provision under INA 322, which applies only to children “residing outside of the United States.” It did not provide similar language for such children to acquire citizenship under INA 320.”