Citizenship
A citizen of the United States is a native-born, foreign-born, or naturalized person who owes allegiance to the United States and who is entitled to its protection. In addition to the naturalization process, the United States recognizes the U.S. citizenship of individuals according to two fundamental principles: jus soli, or right of birthplace, and jus sanguinis, or right of blood.
As a citizen, you are entitled to unique rights and privileges which include the right to vote, having a U.S. passport , the U.S. government's protection while abroad and the right to petition for green cards for your children and close relatives. As a U.S. citizen, you cannot be deported or lose your citizenship even if you commit a crime or choose to live elsewhere in the world, unless you misrepresented yourself to attain citizenship or were ineligible at the time.
How can I become a United States Citizen?
A person may become a U.S. citizen (1) by birth or (2) through naturalization.
Birth
Generally, people are born U.S. citizens if they are born in the United States or if they are born to U.S. citizens:
(1) By being born in the United States
If you were born in the United States (including, in most cases, Puerto Rico, Guam, and the U.S. Virgin Islands), you are an American citizen at birth (unless you were born to a foreign diplomat). Your birth certificate is proof of your citizenship.
(2) Through birth abroad to TWO United States citizens
In most cases, you are a U.S. citizen if ALL of the following are true:
- Both your parents were U.S. citizens when you were born; and
- At least one of your parents lived in the United States at some point in their life.
Your record of birth abroad, if registered with a U.S. consulate or embassy, is proof of your citizenship. You may also apply for a passport to have your citizenship recognized. If you need additional proof of your citizenship, our law office can file an Application for Certificate of Citizenship with BCIS to get a Certificate of Citizenship.
(3) Through birth abroad to ONE United States citizen
In most cases, you are a U.S. citizen if ALL of the following are true:
- One of your parents was a U.S. citizen when you were born;
- Your citizen parent lived at least 5 years in the United States before you were born; and
- At least 2 of these 5 years in the United States were after your citizen parent's 14th birthday*.
Your record of birth abroad, if registered with a U.S. consulate or embassy, is proof of your citizenship. You may also apply for passport to have your citizenship recognized. If you need additional proof of your citizenship, our law office can file an Application for Certificate of Citizenship with BCIS to get a Certificate of Citizenship.
*If you were born before November 14, 1986, you are a citizen if your U.S. citizen parent lived in the United States for at least 10 years and 5 of those years in the United States were after your citizen parent's 14th birthday.
Naturalization
How do I Become a Naturalized Citizen?
If you are not a U.S. citizen by birth or did not acquire U.S. citizenship automatically after birth, you may still be eligible to become a citizen through the normal naturalization process. People who are 18 years and older use the Application for Naturalization to become naturalized. Persons who acquired citizenship from parent(s) while under 18 years of age use the Application for a Certificate of Citizenship to document their naturalization . Adopted children who acquired citizenship from parent(s) use the Application for a Certificate of Citizenship on Behalf of an Adopted Child to document their naturalization.
What are the Requirements for Naturalization?
General Naturalization Requirements:
Age: Applicants must be at least 18 years old. Contact the law office for information on applicants who are less than 18 years old.
Residency
An applicant must have been lawfully admitted to the United States for permanent residence. Lawfully admitted for permanent residence means having been legally accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws. Individuals who have been lawfully admitted as permanent residents will be asked to produce an I-551, Alien Registration Receipt Card, as proof of their status.
Residence and Physical Presence
An applicant is eligible to file if, immediately preceding the filing of the application, he or she:
a) has been lawfully admitted for permanent residence (see preceding section);
b) has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;
c) has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)
d) has resided within a state or district for at least three months
e) is of Good Moral Character
Generally, an applicant must show that he or she has been a person of good moral character for the statutory period (typically five years or three years if married to a U.S. citizen or one year for Armed Forces expedite) prior to filing for naturalization. The Service is not limited to the statutory period in determining whether an applicant has established good moral character. An applicant is permanently barred from naturalization if he or she has ever been convicted of murder. An applicant is also permanently barred from naturalization if he or she has been convicted of an aggravated felony as defined in section 101(a)(43) of the Act on or after November 29, 1990. A person also cannot be found to be a person of good moral character if during the last five years he or she:
a) has committed and been convicted of one or more crimes involving moral turpitude
b) has committed and been convicted of 2 or more offenses for which the total sentence imposed was 5 years or more
c) has committed and been convicted of any controlled substance law, except for a single offense of simple possession of 30 grams or less of marijuana
d) has been confined to a penal institution during the statutory period, as a result of a conviction, for an aggregate period of 180 days or more
e) has committed and been convicted of two or more gambling offenses
f) is or has earned his or her principal income from illegal gambling
g) is or has been involved in prostitution or commercialized vice
h) is or has been involved in smuggling illegal aliens into the United States
i) is or has been a habitual drunkard
j) is practicing or has practiced polygamy
k) has willfully failed or refused to support dependents
l) has given false testimony, under oath, in order to receive a benefit under the Immigration and Nationality Act.
An applicant must disclose all relevant facts to the Service, including his or her entire criminal history, regardless of whether the criminal history disqualifies the applicant under the enumerated provisions.
Attachment to the Constitution
An applicant must show that he or she is attached to the principles of the Constitution of the United States.
Language
Applicants for naturalization must be able to read, write, speak, and understand words in ordinary usage in the English language. Applicants exempt from this requirement are those who on the date of filing:
a) have been residing in the United States subsequent to a lawful admission for permanent residence for periods totaling 15 years or more and are over 55 years of age;
b) have been residing in the United States subsequent to a lawful admission for permanent residence for periods totaling 20 years or more and are over 50 years of age; or
c) have a medically determinable physical or mental impairment, where the impairment affects the applicant's ability to learn English.
United States Government and History Knowledge
An applicant for naturalization must demonstrate a knowledge and understanding of the fundamentals of the history and of the principles and form of government of the United States. Applicants exempt from this requirement are those who, on the date of filing, have a medically determinable physical or mental impairment, where the impairment affects the applicant's ability to learn U.S. History and Government
Applicants who have been residing in the U.S. subsequent to a lawful admission for permanent residence for at least 20 years and are over the age of 65 will be afforded special consideration in satisfying this requirement.
Oath of Allegiance
To become a citizen, one must take the oath of allegiance. By doing so, an applicant swears to:
a) support the Constitution and obey the laws of the U.S.;
b) renounce any foreign allegiance and/or foreign title; and
c) bear arms for the Armed Forces of the U.S. or perform services for the government of the U.S. when required.
In certain instances, where the applicant establishes that he or she is opposed to any type of service in armed forces based on religious teaching or belief, BCIS will permit these applicants to take a modified oath.
How Can I Check the Status of My Application?
Click on the menu button to the left, labeled "Check Case Status" and enter your file number.
This website was developed as a preliminary tool for individual, immigrant and investor awareness. It is filled with sources of free information. We do not make any claims regarding the accuracy of information found in this website. Additionally, you should not rely on the information provided herein as some of the information may be outdated. You should consult with licensed attorney and other licensed professionals such as accountants and realtors before making any final decision.
