What is
U.S.Citizenship? A citizen of
the United States is a native-born, foreign-born, or
naturalized person who owes allegiance to the United
States and who is entitled to its protection. In addition
to the naturalization process, the United States
recognizes the U.S. citizenship of individuals according
to two fundamental principles: jus soli, or right of
birthplace, and jus sanguinis, or right of blood.
The 14th Amendment of the U.S. Constitution guarantees
citizenship at birth to almost all individuals born in the
United States or in U.S. jurisdictions, according to the
principle of jus soli. Certain individuals born in the United
States, such as children of foreign heads of state or children
of foreign diplomats, do not obtain U.S. citizenship under jus
soli.
Certain individuals born outside of the United States are
born citizens because of their parents, according to the
principle of jus sanguinis (which holds that the country of
citizenship of a child is the same as that of his / her
parents). The U.S. Congress is responsible for enacting laws
that determine how citizenship is conveyed by a U.S. citizen
parent or parents according to the principle of jus sanguinis.
These laws are contained in the Immigration and Nationality
Act.
What is
Naturalization?
Naturalization is the process by which U.S. citizenship is
conferred upon a foreign citizen or national after he or she
fulfills the requirements established by Congress in the
Immigration and Nationality Act (INA). The general requirements
for administrative naturalization include:
a period of continuous residence and physical presence
in the United States;
residence in a particular USCIS District prior to
filing;
an ability to read, write, and speak English;
a 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.
All naturalization applicants must demonstrate good moral
character, attachment, and favorable disposition. The other
naturalization requirements may be modified or waived for
certain applicants, such as spouses of U.S. citizens.
Applicants should review the following materials and carefully
read the N-400 application instructions before applying.
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Waivers,
Exceptions, and Special Cases Spouses of U.S.
Citizens Generally, certain
lawful permanent residents married to a U.S. citizen may file
for naturalization after residing continuously in the United
States for three years if immediately preceding the filing of
the application:
the applicant has been married to and living in a valid
marital union with the same U.S. citizen spouse for all
three years;
the U.S. spouse has been a citizen for all three years
and meets all physical presence and residence requirements;
and
the applicant meets all other naturalization
requirements.
There are also exceptions for lawful permanent residents
married to U.S. citizens stationed or employed abroad. Some
lawful permanent residents may not have to comply with the
residence or physical presence requirements when the U.S.
citizen spouse is employed by one of the following:
the U.S. Government (including the U.S. Armed
Forces);
American research institutes recognized by the Attorney
General;
recognized U.S. religious organizations;
U.S. research institutions;
an American firm engaged in the development of foreign
trade and
commerce of the United States; or
certain public international organizations involving
the United States.
Oath of
Allegiance
To become a citizen, one must take the oath of allegiance. By
doing so, an applicant swears to:
support the Constitution and obey the laws of the
U.S.;
renounce any foreign allegiance and/or foreign title;
and
bear arms for the Armed Forces of the U.S. or perform
services for the government of the U.S. when required.
In certain instances, where the applicant establishes that
he or she is opposed to any type of service in armed forces
based on religious teaching or belief, INS will permit these
applicants to take a modified oath.
Children There are several
ways foreign-born children of U.S. citizens may obtain evidence
of citizenship:
Generally, U.S. citizen parents of children born abroad may
file a N-600 Application for Certificate of Citizenship. This
form should be completed in accordance with the instructions
provided and should be accompanied by 2 photographs of the
child, copies of any documents that verify eligibility, and the
required filing fee to be considered complete and ready to
process.
Important note:
Children born abroad of U.S. citizen parents derive citizenship
from their parents. The Certificate of Citizenship is merely a
record of citizenship - it does not confer citizenship on an
applicant.
Veterans of U.S. Armed
Forces
Certain applicants who have served in the U.S. Armed Forces are
eligible to file for naturalization based on current or prior
U.S. military service. Such applicants should file the N-400
Military Naturalization Packet.
Lawful Permanent Residents with Three
Years U.S. Military Service
An applicant who has served for three years in the U.S.
military and who is a lawful permanent resident is excused from
any specific period of required residence, period of residence
in any specific place, or physical presence within the United
States if an application for naturalization is filed while the
applicant is still serving or within six months of an honorable
discharge.
To be eligible for these
exemptions, an applicant must:
have served honorably or separated under honorable
conditions;
completed three years or more of military service;
be a legal permanent resident at the time of his or her
examination on the application; or
establish good moral character if service was
discontinuous or not honorable.
Thomas W. Goldman,
Esq.
Peter J. Loughlin,
Esq.
Just Released
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Loughlin, PLLC
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