american citizenship requirements

Official websites use .gov Dual citizenship occurs when a person becomes a citizen of more than one country, either through birth, ancestry or naturalization. In 8 U.S.C. For information regarding United States citizenship, see, Rights and responsibilities of U.S. citizens, Through birth abroad to United States citizens, Birth abroad to two United States citizens, Birth abroad to one United States citizen, Expeditious naturalization of children - INA § 322, Citizenship at birth on the U.S. territories and former U.S. territories. [52], Non-citizen U.S. nationals may reside and work in the United States without restrictions, and may apply for citizenship under similar rules as foreign nationals or citizens, except that they do not need to hold U.S. permanent resident status when they apply or to have held it for any length of time before applying. You will take an oath and receive a certificate of naturalization to prove your citizenship. Every trip out of the U.S. will be closely examined, so be prepared to answer any potential questions and provide any documentation you can to substantiate why you left the country. Do not lie for any reason; if the USCIS detects any fraud, they will not only deny your citizenship request but strip you of your green card and deport you. To accomplish this, you’ll need to provide evidence that you maintained strong ties to the United States. Foreign nationals receive a Certificate of Naturalization when they become American citizens. To check if this is the case — or if you’re simply not sure whether you’ve already registered — you can request a “status information letter” from Selective Service, which would indicate whether you’re registered, as well as whether you were required to register or were exempt from registering. Boundless is not a law firm and is not a substitute for the advice of an attorney. Copyright © 2020, Thomson Reuters. The law contains one other section of historical note, concerning the Panama Canal Zone and the nation of Panama. The territory of the United States, for the purposes of determining one's period of residence, includes the fifty states, District Columbia, Puerto Rico, U.S. Virgin Islands, Guam, and the Northern Mariana Islands. Males are not required to register for Selective Service if they: If you have not turned 26 and did not already register with Selective Service, it’s important to register before applying for naturalization. Learn about the Citizenship and Assimilation Grant Program and settling in the United States as a new lawful permanent resident. Also, find information on dual citizenship, how to get proof of your U.S. citizenship if you were born abroad or replace your lost or stolen citizenship certificate. The Fourteenth Amendment to the Constitution, besides other things, inserted the Citizenship Clause. In the case of United States v. Wong Kim Ark,[13] 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, if at a minimum that person: The Supreme Court has not explicitly ruled whether children born in the United States to immigrants illegally present in the country are U.S. citizens from birth,[14] but it is generally presumed they are. Be of the minimum required age (typically, at least 18), Continuously and physically live in the United States as a green card holder for a certain number of years, Establish residency in the state or U.S. [citation needed], Some[4] U.S. citizens have the obligation to serve in a jury, if selected and legally qualified. To prepare for the naturalization test, check out these resources: 100 Civics Questions and Answers (with MP3 audio), Naturalization test study materials - includes study aids for both the civics and English tests, Naturalization self test - study tool to help you test your knowledge of U.S. history and government. A USCIS officer will review your responses to Form N-445. § 1406, and Guam 8 U.S.C. [66] Renunciation of citizenship includes renunciation of all rights and privileges of citizenship. In this section, you will find a general description of the naturalization application process. Official Website of the Department of Homeland Security, Step 1. ", A person born on or after November 14, 1986, is a U.S. citizen if all of the following are true:[16]. Originally, under the Foreign Investors Tax Act of 1966, people determined to be giving up citizenship for the purpose of avoiding U.S. taxation were subject to 10 years of continued taxation on their U.S.-source income, to prevent ex-citizens from taking advantage of special tax incentives offered to foreigners investing in the United States. The 1952 Act sets out the legal requirements for the acquisition and divestiture of U.S. nationality. Start the application with Boundless within the next 14 days, and you'll save $50. To see if you’re eligible, click on the link that is most similar to your situation. You’re taking the Oath of Allegiance voluntarily. IMPORTANT: When traveling abroad, USCIS will count the days that you physically leave and return to the United States as days that you were physically present in the United States. Firefox, or Currently under the Immigration and Nationality Act of 1952 (INA) effective from December 24, 1952 to present the definition of the "United States" for nationality purposes, was expanded to add Guam; and, effective November 3, 1986, the Northern Mariana Islands (in addition to Puerto Rico and the Virgin Islands of the United States). 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." Submit your Form N-400 and pay your fees, Step 5. The U.S. September 17, 2020, USAGov is the Official Guide to Government Information and Services, Government Agencies and Elected Officials. There are many benefits to holding dual citizenship with a second nation, including education, employment and health advantages. A person who becomes a U.S. citizen through naturalization is not considered a natural born citizen. Territories and Possessions", "8 FAM 308.3 Non-Citizen U.S. All persons born in the island of Guam on or after April 11, 1899 (whether before or after August 1, 1950) subject to the jurisdiction of the United States, are declared to be citizens of the United States. Citizenship By a Child Born Abroad", Gender-Based Citizenship Rules Unconstitutional, Supreme Court Says, Supreme Court strikes down law that treats children born overseas to unmarried parents differently, "Continuous Residence - Chapter 3, Part D, Volume 12 - Policy Manual - USCIS", "Military Service during Hostilities (INA 329) - Chapter 3, Part I, Volume 12 - Policy Manual - USCIS", U.S. National Archives and Records Administration, "Chapter 2: LPR Admission for Naturalization - Exceptions", "Title 8: Aliens and Nationality - PART 325: NATIONALS BUT NOT CITIZENS OF THE UNITED STATES; RESIDENCE WITHIN OUTLYING POSSESSIONS", United States Government Publishing Office. A .gov website belongs to an official government organization in the United States. In 1990, the U.S. State Department adopted new regulations which presume that an individual does not intend to give up citizenship when performing one of the above potentially expatriating acts. What to do: If you are not a U.S. citizen by birth, or you did not acquire or derive U.S. citizenship from your parent(s) automatically after birth, go to the next step. Consequently, naturalized U.S. citizens are not eligible to become President of the United States or Vice President of the United States, which would ordinarily be the case as established by the Presidential Succession Act. It's at this ceremony that you finally, formally, become a citizen. Have had a Permanent Resident (Green) Card for at least five years, or for at least three years if you’re filing as the spouse of a U.S. citizen. [7], 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. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. [33] The test examines the applicant's knowledge of American society and the English language. The Citizenship Resource Center has a collection of helpful resources and free study materials for a variety of users including: The Citizenship Resource Center is managed by the Office of Citizenship. Most applicants must also have a working knowledge of the English language. You will swear that you believe in the principles of the U.S. Constitution and will be loyal to the U.S. Males who have lived in the United States (or received their green card) between the ages of 18 and 26 must register with the Selective Service System. Apply for a Certificate of Citizenship if: You were born abroad to U.S. citizen parents, and. Have your biometrics taken. Applying for U.S. citizenship is a long, extensive process, but for many it is worth the time and effort the process demands. [64] If asked, the individual can always answer that they did not intend to give it up; this is sufficient to retain their citizenship. that I will perform noncombatant service in the Armed Forces of the United States when required by the law; You already have a green card. If you didn’t already register with Selective Service before turning 26, you will no longer be able to register. Our naturalization partner RapidVisa helps you prepare for every important step of the naturalization process, including the citizenship exam. In the past, claims of other countries on dual-national U.S. citizens sometimes placed them in situations where their obligations to one country were in conflict with the laws of the other. Felons can also serve jury duty if approved. You may submit your naturalization application as early as 90 days before you actually finish waiting the required three or five years. [2][3][9], Section 1 of the Fourteenth Amendment to the United States Constitution provides that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. There has been no prohibition against dual citizenship, but some provisions of the INA and earlier U.S. nationality laws were designed to reduce situations in which dual citizenship exists. Also, find information on dual citizenship, how to get proof of your U.S. citizenship if you were born abroad or replace your lost or stolen citizenship certificate. NATIONALITY IN U.S. This requirement is different from the continuous and physical presence requirements above.. To satisfy the residency requirement, you must have been a resident of the state or USCIS district where you plan to apply for citizenship for at least three months immediately prior to applying for naturalization. Use the document checklist (PDF, 178.19 KB) to make sure you collect all the required documents. In other words, if you leave on the January 1 and return on July 1, both of those days would be counted as days that you were “physically present” in the United States. They may also apply for a passport or a Certificate of Citizenship as proof of citizenship. citizens. The entire citizenship test is in the form of a one-on-one interview. U.S. Supreme Court decisions beginning with Afroyim v. Rusk constitutionally limited the government's capacity to terminate citizenship to those cases in which an individual engaged in conduct with an intention of abandoning their citizenship. For example, for Puerto Rico, all persons born in Puerto Rico between April 11, 1899, and January 12, 1941, were automatically conferred U.S. citizenship as of the date the law was signed by the President Harry S. Truman on June 27, 1952.

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