U.S. IMMIGRATION SYSTEM | U.S. cITIZENSHIP

An individual may become a US citizen in one of two ways:
• through birth; or
• through naturalization.
In addition, in 2000, Congress passed the Child Citizenship Act (CCA), which allows any child under the age of 18 who is adopted by a U.S. citizen and who immigrates to the United States to acquire immediate citizenship.

Pathway #1: Born in the United States

As a general rule, individuals born in the United States are US citizens. This includes those people born in Puerto Rico, Guam, and the US Virgin Islands. Proof of one’s citizenship is his or her birth certificate.

Pathway #2: Born Abroad to Two (2) US Citizen Parents

Individuals born abroad to two (2) US citizen parents are generally also US citizens. Children born abroad must be able to demonstrate 1) both parents were US citizens at the time of the child’s birth, and 2) at least one of the parents lived in the United States during some point in the mother’s or father’s lifetime.

To demonstrate US citizenship after being born abroad, the birth record should be registered with a US consulate or embassy. Additionally, the individual (through his or her parents, if necessary) should apply for a US Passport to have the citizenship recognized. In some cases, an Application for Certificate of Citizenship may also be filed with USCIS (Form N-600).

Pathway #3: Born Abroad to One (1) US Citizen Parent

Individuals born to one (1) US citizen parent abroad are also US citizens, if all the following criteria are met: 1) One of the parents was a US citizen when the child was born 2) the US citizen parent lived at least five (5) years in the United States before the birth of the child, and 3) at least two (2) of these five (5) years in the United States occurred after the US citizen parent turned fourteen years old. **

**Please keep in mind that individuals born before November 14, 1986 are US citizens if 1) the US citizen parent lived in the United States for at least ten (10) years, and 2) five (5) of those years in the United States were after the US parent turned fourteen years old.

To demonstrate US citizenship after being born abroad, the birth record should be registered with a US consulate or embassy. Additionally, the individual (through his or her parents, if necessary) should apply for a US Passport to have the citizenship recognized. In some cases, an Application for Certificate of Citizenship may also be filed with USCIS (Form N-600).

Pathway #4: Naturalization

If an individual is not a US citizen by birth or did not acquire US citizenship automatically after birth, he or she may still be eligible to become a US citizen through the naturalization process. Recent changes in immigration law and USCIS procedures also now make it easier for U.S. military personnel to naturalize.

Individuals who are eighteen (18) years and older apply for naturalization using the Form N-400, Application for Naturalization. Individuals who acquired citizenship from parent(s) while under eighteen (18) years old use the Form N-600, Application for a Certificate of Citizenship. Adopted children who acquired citizenship from parent(s) use the Form N-643, Application for a Certificate of Citizenship on Behalf of an Adopted Child.

Eligibility for Naturalization

The general requirements for administrative naturalization include:

  • Period of continuous residence and physical presence in the United States;
  • Residence in a particular USCIS District prior to filing the application;
  • Ability to read, write, and speak English;
  • 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.

Please keep in mind that all naturalization applicants must demonstrate good moral character, attachment, and favorable disposition. However, the other naturalization requirements may be modified or waived for certain applicants, such as spouses of U.S. citizens.

Reasons to Become a US Citizen

  • Qualify a parent, spouse, or unmarried child for permanent residence immediately;
  • Qualify married children or siblings for permanent residence;
  • Vote in US elections;
  • Obtain a US passport;
  • Obtain certain jobs, which require US citizenship for security clearance;
  • Hold public office;
  • Protect against removal/deportation from the US;
  • Assure admission to the US;
  • Minimize taxes upon death.

Please contact our firm to learn more about how the naturalization laws specifically apply to your individual case.

Aronson & Associates, P.A.
1221 Nicollet Mall Suite 506
Minneapolis, MN 55403
Tel: 612-339-0517
Fax: 612-349-6059
info@aronsonimmigration.com

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