Naturalization

Article I, section 8, clause 4 of the United States Constitution expressly gives the United States Congress the power to establish a uniform rule of naturalization. The Immigration and Naturalization Act sets forth the legal requirements for the acquisition of, and divestiture from, citizenship of the United States. The requirements have become more explicit since the ratification of the Fourteenth Amendment to the Constitution, with the most recent changes to statutory law having been made by the United States Congress in 2001.

Rights of citizens

Adult citizens of the United States who are residents of one of the 50 states have the right to participate in the political system of the United States, as well as their state and local governments (with most states having restrictions on voting by persons convicted of felonies, and a federal constitutional prohibition on naturalized persons running for President and Vice President of the United States), to be represented and protected abroad by the United States (through U.S. embassies and consulates), and to reside in the United States and certain territories without any immigration requirements.

Responsibilities of citizens

Some U.S. citizens have the obligation to serve in a jury, if selected and legally qualified. Citizens are also required (under the provisions of the Internal Revenue Code) to pay taxes on their total income from all sources worldwide, including income earned abroad while residing abroad. Under certain circumstances, however, U.S. citizens living and working abroad may be able to reduce or eliminate their U.S. federal income tax via the Foreign Earned Income Exclusion and/or the Foreign Tax Credit. U.S. taxes payable may be alternatively reduced by credits for foreign income taxes regardless of the length of stay abroad. The United States Government also insists that U.S. citizens travel into and out of the United States on a U.S. passport, regardless of any other nationality they may possess.

Male U.S. citizens (including those living permanently abroad and/or with dual U.S./other citizenship) are required to register with the Selective Service System at age 18 for possible conscription into the armed forces. Although no one has been drafted in the U.S. since 1973, draft registration continues for possible reinstatement on some future date.

In the Oath of Citizenship, immigrants becoming naturalized U.S. citizens swear that when required by law they will bear arms on behalf of the United States, will perform noncombatant service in the U.S. Armed Forces, and will perform work of national importance under civilian direction. In some cases, the USCIS allows the oath to be taken without the clauses regarding the first two of these three sworn commitments.

Acquisition of citizenship

There are various ways a person can acquire United States citizenship, either at birth or later on in life.

Birth within the United States

The Supreme Court has never explicitly ruled on whether children born in the United States to illegal immigrant parents are entitled to birthright citizenship via the 14th Amendment, although it has generally been assumed that they are. A birth certificate (a.k.a Certificate of Live Birth for children born in certain states) issued by a U.S. state or territorial government is evidence of citizenship, and is usually accepted as proof of citizenship.

In the case of United States v. Wong Kim Ark, 169 U.S. 649 (1898), the Supreme Court ruled that a person becomes a citizen of the United States at the time of birth, by virtue of the first clause of the 14th amendment of the Constitution, if that person is:

* Born in the United States
* Has parents that are subjects of a foreign power, but not in any diplomatic or official capacity of that foreign power
* Has parents that have permanent domicile and residence in the United States
* Has parents that are in the United States for business

Through birth abroad to two United States citizens

A child is automatically granted citizenship in the following cases:

1. Both parents were U.S. citizens at the time of the child's birth
2. At least one parent lived in the United States prior to the child's birth.

INA 301(c) and INA 301(a)(3) state, "and one of whom has had a residence." The FAM (Foreign Affairs Manual) states "no amount of time specified."

A person's record of birth abroad, if registered with a U.S. consulate or embassy, is proof of citizenship. They may also apply for a passport or a Certificate of Citizenship to have their citizenship recognized.

Through birth abroad to one United States citizen

A person born on or after November 14, 1986, is a U.S. citizen if all of the following are true:

1. One of the person's parents was a U.S. citizen when the person in question was born
2. The citizen parent lived at least five years in the United States before the child's birth
3. A minimum of two of these five years in the United States were after the citizen parent's 14th birthday.

INA 301(g) makes additional provisions to satisfy the physical-presence requirements for periods citizens spent abroad in “honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization”. Additionally citizens who spent time living abroad as the “dependent unmarried son or daughter and a member of the household of a person” in any of the previously mentioned organizations can also be counted.

A person's record of birth abroad, if registered with a U.S. consulate or embassy, is proof of citizenship. Such a person may also apply for a passport or a Certificate of Citizenship to have a record of citizenship. Such documentation is often useful to prove citizenship in lieu of the availability of an American birth certificate.

Different rules apply for persons born abroad to one U.S. citizen before November 14, 1986. United States law on this subject changed multiple times throughout the twentieth century, and the law is applicable as it existed at the time of the individual's birth.

For persons born between December 24, 1952 and November 14, 1986, a person is a U.S. citizen if all of the following are true:

1. One of the person's parents was a U.S. citizen when the person in question was born
2. The citizen parent lived at least ten years in the United States before the child's birth;
3. A minimum of 5 of these 10 years in the United States were after the citizen parent's 14th birthday.

Naturalization

A person who was not born a U.S. citizen may acquire U.S. citizenship through a process known as naturalization.

Eligibility for naturalization

To become a naturalized United States citizen, one must be at least eighteen years of age at the time of filing, a legal permanent resident of the United States, and have had a status of a legal permanent resident in the United States for five years less 90 days before they apply (this requirement is reduced to three years less 90 days if they (a) acquired legal permanent resident status, (b) have been married to and living with a citizen for the past three years and (c) the spouse has been a U.S. citizen for at least three years prior to the applicant applying for naturalization.) They must have been physically present for at least 30 months of 60 months prior to the date of filing their application. Also during those 60 months if the legal permanent resident was outside of the U.S. for a continuous period of 6 months or more they are disqualified from naturalizing (certain exceptions apply for those continuous periods of six months to 1 year). They must be a "person of good moral character", and must pass a test on United States history and government. Most applicants must also have a working knowledge of the English language.[8] There are exceptions, introduced in 1990, for long-resident older applicants and those with mental or physical disabilities. This requirement for an ability to read, write, and speak English is not regarded as too difficult, since the test requires that applicants read and write in English.

Besides passing a citizenship test: citizenship applicants must also satisfy other specific requirements of naturalization to successfully obtain U.S. citizenship.

An applicant will also be required to submit to an in-person interview.

Get Your Adjustment of Status Now!