How to Become a U S Citizen

There are three ways to become a citizen of the United States of America. The first two are automatic and occur when a person is born in the United States or is born abroad to American citizens traveling or residing abroad. For these people the simple act of being born in one of the two circumstances described above automatically makes them a citizen (there are rare exceptions the most common being children born in the U.S. to parents who are either foreign heads of state or foreign diplomats – these children are not recognized as citizens of the United States). The technical legal definitions of obtaining citizenship in one of these ways are the principle of jus soli (right of birthplace) and the principle of jus sanguinis (the right of blood). The 14th Amendment to the U.S. Constitution (which reads as follows: 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. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.) guarantees citizenship under the principle of jus soli to practically every person born within the borders of the Unites States or its territories (Puerto Rico, American Samoa, etc.), with only rare exceptions to this rule (such as children born to foreign diplomats stationed in the U.S., etc.). As to children born outside the U.S. but to parents who are American citizens, there are a few more exceptions and Congress is free to redefine and change the rules for citizenship under the principle of jus sanguinis. Generally, if the mother is an American citizen, then the child is automatically an American citizen. In the cases where only the father is an American citizen there is usually no problem so long as he is the recognized biological father AND he is married to the mother at time of birth. If this is not the case then you had better get a lawyer to determine whether or not a case can be made for the child's right to U.S. citizenship.

The third way is not automatic and that applies to people who were neither born in the U.S. nor born to parents who were U.S. citizens at the time of their birth. These are people from other nations and they have to acquire citizenship through the naturalization process.

The first step is to gain admittance to the U.S. as a resident alien (a person who is allowed to live and work in the U.S. but who is not a citizen). This can be accomplished by obtaining an immigrant visa (a long process), winning one of the 50,000 immigrant visas awarded by lottery every year by the U.S government, being granted asylum in the U.S. from political persecution in your own nation, marrying an American citizen abroad (but can be very tricky gaining admittance to the U.S.), coming to the U.S. to marry your American finance or fiancée (an easier process), being adopted as a child by an American citizen, coming in under sponsorship of a relative who is an American citizen, enlisting and serving in the U.S. Armed Forces, etc.

Gaining one of the classes of visas allowing entry for the purpose of remaining in the U.S. is just the first step. In most cases such visas expire within a short time and certain steps must be taken before the expiration of the visa in order to obtain temporary residence status. The requirements for temporary residence status vary depending upon the type of visa but usually require the filing of an application and other documents and an interview with an officer of the U.S. Citizenship and Immigration Services (USCIS). Once temporary residence is obtained, the person is usually allowed to work and exercise all of the rights of an American citizen except for things like voting, holding certain public offices, etc. Temporary residence status is just that, temporary.

Again, depending upon the type of visa you entered the U.S. under, there will be certain processes you will have to follow in order to obtain permanent residence status. A big exception involves minor children who are adopted by U.S. citizens. In most cases, these children are brought in to the U.S. and their adoptive parents can immediately file for citizenship. For all others, an application has to be made for permanent residence status. Like the application for temporary residence status, this also requires the filing of an application and documents and an interview with an officer of the USCIS. Once permanent residence is obtained the holder can either elect to live here as a resident alien or apply for citizenship. As a permanent resident alien, they will have to periodically renew their status but, other than not being able to vote or hold most public offices, life will be no different than that of a citizen. However, if they commit a crime such people can be deported and, there is always the possibility that Congress will change the law in the future and not allow them to renew their permanent resident alien status thereby forcing them to leave the country.

The basic process for moving from permanent residence status to naturalized citizen requires that the person first must meet the following general requirements:

1 – they must physically reside in the U.S. for a continuous period (exact time may vary)

2 – they must demonstrate the ability to read, write and speak English.

3 - they must reside in a particular USCIS District prior to filing (in other words they must file in the USCIS district in which they live)

4 – they must have a knowledge and understanding of U.S. history and government.

5 - they must demonstrate an attachment to the principles of the U.S. Constitution

6 – they must be of good moral character.

7 - they must have a favorable disposition toward the United States.

Good moral character, attachment to the Constitution and favorable disposition toward the United States is required for all persons seeking naturalization. Some of the other requirements may be waived for certain people including members of the U.S. military (citizenship is not a requirement for enlisting in the U.S. Armed Forces), spouses of American citizens and certain others.

These are the general rules that most people have to follow. There are also other rules which vary according to the type of visa under which the applicant entered the U.S. and other factors. The USCIS web site (see link below) contains most, if not all, of the information and forms needed for most people to complete the process. However, immigration law and regulations are extensive and complicated as well as constantly changing so it is important to follow the rules that apply to your particular situation. Lawyers can be hired to assist you with this but they are not required.

The passing of a test on U.S. history and government (given in English) is one of the final requirements for most applicants. Once all of the steps have been completed, the applicant is given an appointment for a swearing in ceremony during which they take an oath of allegiance to the U.S. and renounce all previous citizenship rights in other nations and they become citizens with all of the rights, privileges and responsibilities of U.S. citizens. The only right they do not have is the right to be elected President, which the Constitution specifically reserves to those who are citizens by birth (by default, they also cannot be elected Vice President since they could not assume the office of President in the event of the President's death or removal).