Naturalization and Citizenship

There are Four Ways in Which to Become a Citizen of the United States:

1.) Through Birth in the United States or Certain Incorporated Territories
Anyone born in the United States or certain territories or outlying possessions of the United States and subject to the jurisdiction of the United States are U.S. Citizens.

2.) By Acquisition at Birth Outside the U.S. Where One or Both Parents are U.S. Citizens.
A child born outside the U.S. where one or both parents are U.S. citizens may acquire U.S. citizenship at birth. Such a child is a citizen at the moment of birth and does not need a certificate of citizenship. The transmission requirements (based on the residence of physical presence of the U.S. citizen parent) for this are quite complex and vary based on the child’s date of birth. Rules for acquisition of citizenship at birth also differ depending on whether the child was born in or out of wedlock. By derivation through the U.S. birth of one parent under the Child Citizenship Act of 2000 (CCA) a child born outside the U.S. derives U.S. citizenship as long as:

One parent is a U.S. citizen by birth;
The child is under 18 years old;
The child is a Lawful Permanent Resident; and
The child is residing in the U.S. in the legal and physical custody of the citizen parent.

Such a child may apply for a Certification of Citizenship with the U.S. Citizenship & Immigration Services on a Form N-600. The child may also apply directly for a U.S. passport without first obtaining or requiring a certificate of citizenship.

The CCA became effective on February 27, 2001, and is not retroactive. Therefore a child who was over 18 before February 27, 2001, falls under previous law and would have to prove that his or her parents were legally separated or divorced if one parent had custody.

In addition to the above situation where the child is in the U.S. as a lawful permanent resident and derives citizenship, a child born abroad who is currently residing outside the U.S. may also derive U.S. citizenship if:

The child has at least one U.S. citizen parent, by birth or naturalization
The child is temporarily physically present in the U.S. pursuant to a lawful admission and is in status
The child is under 18 years old
The child is residing outside the U.S. in the legal and physical custody of the U.S. citizen parent who has been in the U.S. five years, two of which were after his or her 14th birthday.

3.) By Derivation through the Naturalization or U.S. Birth of one Parent.

By derivation through the naturalization of one parent under the Child Citizenship Act of 2000 (CCA) a child born outside the U.S. derives U.S. citizenship as long as:

One parent is a U.S. citizen by naturalization;
The child is under 18 years old;
The child is a lawful permanent resident
The child is residing in the U.S. in the legal and physical custody of the citizen parent.

4.) By Naturalization.

Naturalization is the process by which U.S. citizenship is granted to a foreign citizen or national after he or she fulfills certain requirements. You are eligible to apply if:

You Have Been a Permanent Resident for at Least 5 Years and Meet all Other Eligibility Requirements, Including:

Be 18 or older
Be a permanent resident 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
Have continuous residence in the United States as a green card holder for at least 5 years immediately preceding the date of the 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.

You have been a permanent resident for 3 years or more, have been living in marital union with the same U.S. citizen spouse during such time, and meet all eligibility requirements, including:

Be 18 or older
Be a permanent resident (green card holder) for at least 3 years immediately preceding the date of filing Form N-400, Application for Naturalization
Have been living in marital union with the U.S. citizen spouse, who has been a U.S. citizen during all of such period, during the 3 years immediately preceding the date of filing the application and up until examination on the application
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
Have continuous residence in the United States as a lawful permanent resident for at least 3 years immediately preceding the date of filing the application
Reside continuously within the United States from the date of application for naturalization until the time of naturalization
Be physically present in the United States for at least 18 months out of the 3 years immediately preceding the date of filing the application
Be able to read, write, and speak English and have knowledge and an understanding of U.S. history and government (also known as 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

You have qualifying service in the U.S. armed forces and meet all other eligibility requirements.

USCIS recognizes the important sacrifices made by non-U.S. citizen members of the U.S. armed forces and their families. USCIS is committed to processing their naturalization applications in a timely and efficient manner while providing exemplary customer service, maintaining the integrity of the immigration system, and maintaining the security of the process.
Members of the U.S. armed forces and their dependents (spouses and children) may be eligible for citizenship, to include expedited and overseas processing, under special provisions of the Immigration and Nationality Act (INA).

Note: Your child may qualify for naturalization if you are a U.S. citizen, the child was born outside the U.S., the child is currently residing outside the U.S., and all other eligibility requirements are met.