U.S. Immigration Law
Citizenship and
Naturalization
Citizenship
by Birth
There are several means by which
an individual acquires U.S. citizenship at
birth. Below are the most common:
1. Birth in the United
States.
2. Birth outside the
United States to parents both of whom are U.S.
citizens and one of whom has had a residence in
the U.S. prior to the birth of the individual.
3. Birth outside of the
United States to parents, one of whom is not a
U.S. citizen and the other of whom is a U.S.
citizen who was physically present in the U.S.
prior to the birth of the individual for at
least 5 years, 2 of which after the age of 14.
Automatic
Acquisition of Citizenship by Children Born
Outside the United States and Residing
Permanently in the United States
A child born outside the United
States automatically becomes a U.S. citizen when
all of the following conditions are fulfilled:
1. At least one parent is
a U.S. citizen, whether by birth or
naturalization.
2. The child is under the
age of 18.
3. The child is residing
in the U.S. in the legal and physical custody of
the U.S. citizen parent pursuant to lawful
admission as a permanent resident.
Conditions
for Acquiring Certificate of Citizenship for
Children Born Outside the United States and
Residing Outside the United States
A U.S. citizen parent (or if
deceased for less than 5 years, a U.S. citizen
grandparent) may apply for naturalization of a
child born outside the U.S. who has not acquired
citizenship automatically as described above
once the following conditions are fulfilled:
1. At least one parent is
a U.S. citizen, by either birth or
naturalization.
2. The U.S. citizen parent
has been physically present in the U.S. for at
least 5 years, 2 of which after the age of
14 or has a U.S. citizen parent (the
child's grandparent) who has been physically
present in the U.S. for at least 5 years, 2 of
which after the age of 14.
3. The child is under 18.
4. The child resides
outside the U.S. in the legal and physical
custody of the U.S. Citizen parent.
5. The child is
temporarily present in the U.S. pursuant to a
lawful admission.
Naturalization
An individual apply to become a
U.S. citizen through naturalization if the
following requirements are met:
1. Immediately preceding
the date of filing an application for
naturalization, the person has resided
continuously, after being lawfully admitted for
permanent residence, in the U.S. for 5 years and
must have been physically present in the U.S.
for at least half of that time. This
period is reduced to 3 years for individuals who
obtained permanent resident status as spouses of
U.S. citizens.
2. Has resided in the
State of filing the application for at least 3
months.
3. Resides continuously in
the U.S. from the date of application up to the
time of naturalization.
4. During this period of
residence before application and until
naturalization, has been a person of good moral
character.
5. Must demonstrate an
understanding of the English language and a
knowledge and understanding of the history and
principles and form of government of the United
States. This requirement is waived for
those unable to comply due to a physical or
developmental disability or mental
impairment. It also does not apply to the
following individuals:
6. Must take an oath of
allegiance to:
-
support the
Constitution of the U.S.
-
renounce allegiance to
another foreign prince, state or sovereignty
-
support and defend the
Constitution and laws of the U.S. against
all enemies
-
bear arms on behalf of the
United States when required by law.
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