What is 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.
The 14th Amendment of the U.S. Constitution guarantees citizenship
at birth to almost all individuals born in the United States or
in U.S. jurisdictions, according to the principle of jus soli.
Certain individuals born in the United States, such as children
of foreign heads of state or children of foreign diplomats, do
not obtain U.S. citizenship under jus soli.
Certain individuals born outside of the United States are born
citizens because of their parents, according to the principle of
jus sanguinis (which holds that the country of citizenship of a
child is the same as that of his / her parents). The U.S. Congress
is responsible for enacting laws that determine how citizenship
is conveyed by a U.S. citizen parent or parents according to the
principle of jus sanguinis. These laws are contained in the Immigration
and Nationality Act.
What is Naturalization?
Naturalization is the process by which U.S. citizenship is conferred
upon a foreign citizen or national after he or she fulfills the
requirements established by Congress in the Immigration and Nationality
Act (INA). The general requirements for administrative naturalization
include:
- a period of continuous residence and physical presence
in the United States;
- residence in a particular USCIS District
prior to filing;
- an ability to read, write, and speak English;
- a knowledge and
understanding of U.S. history and government;
- good moral character;
- attachment to the principles of the U.S.
Constitution; and,
- favorable disposition toward the United States.
All naturalization
applicants must demonstrate good moral character, attachment,
and favorable disposition. The other naturalization
requirements may be modified or waived for certain applicants,
such as spouses of U.S. citizens. Applicants should review
the following materials and carefully read the N-400 application
instructions before applying.
- Need Help? Call us at -
California (916)-669-0649
Florida (239)-643-5529
Waivers, Exceptions, and Special Cases
Spouses of U.S. Citizens
Generally, certain
lawful permanent residents married to a U.S. citizen may file for
naturalization
after residing continuously
in the United States for three years if immediately preceding
the filing of the application:
- the applicant has been married to and living in a valid marital
union with the same U.S. citizen spouse for all three years;
- the U.S. spouse has been a citizen for all three years and meets
all physical presence and residence requirements; and
- the applicant meets all other naturalization requirements.
There are also exceptions for lawful permanent residents married
to U.S. citizens stationed or employed abroad. Some lawful permanent
residents may not have to comply with the residence or physical
presence requirements when the U.S. citizen spouse is employed
by one of the following:
- the U.S. Government (including the U.S. Armed Forces);
- American research institutes recognized by the Attorney
General;
- recognized U.S. religious organizations;
- U.S. research institutions;
- an American firm engaged in the development of foreign trade
and
- commerce of the United States; or
- certain public international
organizations involving the United States.
Oath of Allegiance
To become a citizen, one must take the oath of allegiance.
By doing so, an applicant swears to:
- support the Constitution and obey the laws of the U.S.;
- renounce any foreign allegiance and/or foreign title;
and
- 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, INS will permit these applicants
to take a modified oath. Children
There are several ways foreign-born children of U.S. citizens may
obtain evidence of citizenship:
Generally, U.S. citizen parents of children born abroad may file
a N-600 Application for Certificate of Citizenship. This form should
be completed in accordance with the instructions provided and should
be accompanied by 2 photographs of the child, copies of any documents
that verify eligibility, and the required filing fee to be considered
complete and ready to process.
Important note: Children born abroad of U.S. citizen parents derive
citizenship from their parents. The Certificate of Citizenship
is merely a record of citizenship - it does not confer citizenship
on an applicant.
Veterans of U.S. Armed Forces
Certain applicants who have served in the U.S. Armed Forces are
eligible to file for naturalization based on current or prior
U.S. military service. Such applicants should file the N-400
Military Naturalization Packet.
Lawful Permanent Residents with Three Years U.S. Military Service
An applicant who has served for three years in the U.S. military
and who is a lawful permanent resident is excused from any specific
period of required residence, period of residence in any specific
place, or physical presence within the United States if an application
for naturalization is filed while the applicant is still serving
or within six months of an honorable discharge.
To be eligible for these exemptions, an applicant must:
- have served honorably or separated under honorable conditions;
- completed three years or more of military service;
- be a legal
permanent resident at the time of his or her examination
on the application; or
- establish good moral character if service was
discontinuous or not honorable.
- Need Help?
Call us at -
California (916)-669-0649
Florida (239)-643-5529
Applicants who file for naturalization more than six months after
termination of three years of service in the U.S. military may
count any periods of honorable service as residence and physical
presence in the United States
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