The US Citizenship and Immigration Services (USCIS) receives around 6 million applications every year requesting permission to permanently live or temporarily work in the US or requesting citizenship. A majority of applicants come from Mexican, Chinese or Indian backgrounds. Let us now take a look at the ways to acquire a US citizenship.
Citizenship at birth
♦ If a child is born in the United States or certain territories subject to jurisdiction of the United States, or has a parent(s) who is a citizen of the US, the child automatically becomes a citizen of the US.
♦ If a child is born outside the US, to American parents, citizenship can be acquired at the time of birth, if certain requirements are met. The parents need to contact the nearest US Embassy and apply for Consular Report of Birth Abroad (CRBA) of a US citizen abroad. They may also apply for a US passport for the child, at the same time.
Acquiring citizenship through parents
If a child is born to American parents, outside the US, but did not apply for citizenship at birth; it may be obtained later, if certain requirements are met.
For purposes of citizenship/naturalization, a child is considered to be someone who:
- is unmarried
- is below 18 years of age
- is a genetic or adopted son/daughter of the US
- is the son/daughter of a non-genetic gestational US citizen mother, who is recognized by that jurisdiction as the child’s legal parent.
To acquire after birth, all of the following conditions have to be met.
- The child has at least one parent,(could be adoptive), who is a U.S. citizen by birth or through naturalization.
- The child is below 18 years of age;
- The child is a *lawful permanent resident (LPR); and
- The child is residing in the United States in the legal and physical custody of the U.S. citizen parent.
*Lawful permanent residents(LPRs) are non citizens, who have been lawfully authorized to live permanently in the US. They are also known as green card holders. They are allowed to accept an offer of employment without special restrictions, own property, receive financial assistance at public colleges and universities, and join the Armed Forces.
A child born and residing outside the US may also be eligible to apply for citizenship, if all of the following conditions are met.
- The child has at least one parent, including an adoptive parent, who is a U.S. citizen by birth or through naturalization;
- The child’s U.S. citizen parent or U.S. citizen grandparent meets certain physical presence requirements in the United States or an outlying possession;
- The child is under 18 years of age.
- The child is residing outside of the United States in the legal and physical custody of the U.S. citizen parent, or of a person who does not object to the application if the U.S. citizen parent is deceased; and
- The child is lawfully admitted, physically present, and maintaining a lawful status in the United States at the time the application is approved and the time of naturalization.
Special provisions for kin of military members
Spouses and children of people serving in the armed forces are allowed to apply to overseas naturalization (applying for citizenship while residing abroad). However there is no guarantee that each request will be granted. For detailed information, visit: https://www.uscis.gov/military/citizenship-family-members
Naturalization for non-citizens
Naturalization is the legal process by which non citizens are granted citizenship to a country. Lawful Permanent Residents(LPRs) of at least 5 years may apply for naturalization if they meet the following requirements:
- Be 18 or older at the time of filing
- Be a green card holder for at least 5 years immediately preceding the date of filing the Form N-400, Application for Naturalization
- Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of filing the application. Students may apply for naturalization either where they go to school or where their family lives (if they are still financially dependent on their parents).
- Have continuous residence in the United States as a green card holder for at least 5 years immediately preceding the date of filing the application
- Be physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing the application
- Reside continuously within the United States from the date of application for naturalization up to the time of naturalization
- Be able to read, write, and speak English and have knowledge and an understanding of U.S. history and government (civics).
- Be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during all relevant periods under the law
An aspirant must fill and submit the FORM N-400, Application for Naturalization. A naturalization test will be conducted, where questions will be asked relating to the subjects of English and Civics. Passing the test is mandatory. If an applicant is unable to pass the test, it will be conducted again after a gap of 60-90 days. Only 2 chances are given to clear the test. Material required to prepare for the test is provided by the USCIS.
One may be exempted from the test on grounds of medical illness or disability. Also, one may be exempted from the English test if one is:
- Age 50 or older at the time of filing for naturalization and have lived as a permanent resident (green card holder) in the United States for 20 years (commonly referred to as the “50/20” exception).
OR - Age 55 or older at the time of filing for naturalization and have lived as a permanent resident in the United States for 15 years (commonly referred to as the “55/15” exception).
However he/she will still be required to take the civics test.
If the USCIS approves your application for naturalization, you will be required to attend a naturalization ceremony.
- You will receive a notice regarding the date allotted to you for the ceremony. Requisition for change of date will be entertained only once. Failure to attend the ceremony more than once, may lead to denial of application
- To become a US citizen, the Oath of Allegiance must be taken.
- The Permanent Resident Card must be returned (unless proof of having lost the card was provided beforehand).
- You will then receive your Certificate of Naturalization which is official proof that you are now a citizen of the United States of America.
Follow-up activities after naturalization:
Once you are officially a naturalized citizen, you may
- Apply for a US passport
- Register to vote
- Update your Social Security Record (you will need your Certificate of Naturalization and US passport for this)
Further reference :
1) https://www.uscis.gov/us-citizenship (The official website of Homeland Security)
2) https://www.dhs.gov/immigration-statistics/lawful-permanent-residents
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