What is 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.
- Need Help? Call us at -
Orlando, FL (407)-574-7024
Naples, FL (239)-643-5529
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.
- Need Help? Call us at -
Orlando (407)-574-7024
Naples (239)-643-5529
Applicants who file for naturalization more than six months after
termination of three years of service in the U.S. military may
count any periods of honorable service as residence and physical
presence in the United States
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