Naturalization and Citizenship


Why become a United States Citizen?

1. Four quick facts about U.S. citizens:

  1. Cannot be deported!
  2. Right to vote.
  3. Public benefits – welfare, etc.
  4. Unrestricted entry into U.S.

 2. Your family gets the “Immediate relative” status
An immediate relative is a child, spouse, or parent of a U.S. Citizen. There are no quotas for immediate relatives. Thus, if an immediate relative applies and the petition is approved, the visa will be immediately available.

When you become a United States citizen, you will be able to bring over your spouse, children, and parents much quicker than you would be able to as a permanent resident.


How Birthright Citizenship is obtained
There are two ways a person becomes a citizen at birth:
  1. Jus Soli, (by land). Any person born within the U.S. is automatically a citizen of the United States.
  2. Jus Sanguinis (by blood). A child born outside the U.S., but to parents who are U.S. citizens, is automatically a citizen of the United States.
What if only one parent is a U.S. citizen, is the child still a citizen at birth?
If a child is born outside the United States and its outlying possessions, and only one parent is a U.S. citizen, that child may still be a citizen at birth.

Here is the criteria:
  1. Both parents are USC, one has residence in U.S. or territory.
  2. One parent is USC, continuous physical presence of 1 year prior to birth.
  3. One parent is USC, physically present for periods totaling 5 years. (May use time served in military toward physical presence).

What if a child was born in an outlying possession of the United States?
A child who is born in a U.S outlying possession is a citizen at birth if at least one parent was a U.S. citizen, and had a continuous physical presence of 1 year within the U.S. prior to birth.

What about children born out of wedlock?

c. Does not apply to children born out of wedlock, unless:
(i) Blood relationship w/ father is established by clear & convincing evidence;
(ii) Father was national at time of birth;
(iii) Father agreed in writing to financially support the child, and
(iv) While under age 18, the child is
- Legitimated under law of his domicile,
- Father acknowledges paternity under oath, or
- Paternity is established by adjudication of court.

What exactly is considered the “United States” under immigration law?
Under Section 101(a)(38) of the Immigration and Naturalization Act, the United States consists of:
  1. Continental U.S
  2. Alaska and Hawaii
  3. Puerto Rico
  4. Guam
  5. Virgin Islands
A person born in any of the above areas is a U.S. citizen at birth.

What is an “outlying possession” of the United States?
Under Section 101(a)(29) of the INA, there are two outlying possessions of the United States:
  1. American Samoa
  2. Swains Island


Definitions:
Residence – a place of general abode. A general abode is a person’s principal dwelling place, without regard to intent.

National – Person owing permanent allegiance to a state
National of U.S – a U.S. citizen, or a non-citizen who owes permanent allegiance to U.S.



Naturalization
becoming a U.S. citizen


Who is eligible for Naturalization to become a U.S. citizen?
There are four requirements to be eligible for Naturalization:

  1. Must be admitted as LPR.
  2. Must have continually resided for 5 years, half of which physically present, and within the state where you apply for 3 months.
  3. Once applied, continuous residence until admitted for citizenship.
  4. Good moral character for the entire time.

What are the requirements of Naturalization?
All applicants must demonstrate that they can read, write and speak English. They must also demonstrate knowledge of American history, civics, and American government.

However, some immigrants are exempt from the English proficiency requirement.
The following individuals are exempt:
  1. LPR over 50, with 20 years continuous residence.
  2. LPR over 55, with 15 years continuous residence.

When examining the applicant’s knowledge of American history, civics, American government, the Attorney General must give special consideration to LPR over 65, with 20 years continuous residence.

What constitutes “continuous residence?”
 a. See § 316(b) – Absences

What is “good moral character?”
 a. If a person possesses any qualities listed in 101(f), he does NOT have good moral character.
b. Includes things like: being a habitual drunk, making most of your income off illegal gambling, criminal offenses, aggravated felonies, Nazi persecution, genocide.
c. Inadmissible immigrants under 212(a).
(i) Smugglers, polygamists, certain criminal convictions, prostitutes, are all inadmissible.
(ii) They are also devoid of “good moral character” and cannot be naturalized.

Can immigrants who are married to Citizens naturalize quicker?
Yes. They’re on the fast track to citizenship.
Permanent residents who are married to U.S. citizens need only 3 years of residence (physically present at least half).
Accordingly, their Spouse must have been a citizen during this entire time.

What about children of Citizens who are under 18?
They’re on an even faster track!
A Child becomes citizen if:
(i) One parent is citizen;
(ii) In custody of citizen parent;
(iii) Child has LPR status.
c. Applies to adopted children (if satisfies requirements of 101(b)(1)).