Naturalization and Citizenship

There are four ways to become a citizen of the United States:

• Birth in the US or one of its territories;
• Birth outside of the US but to parents who are citizens of the US;
• Naturalization;
• Through the naturalization of one’s parents.

Birth in the US or one of its territories
Any child born within the territorial confines of the United States or any of its territories is ipso facto a citizen of the United States, regardless of the immigrant status of either one or both of his or her parents.

Birth outside of the US but to parents who are citizens of the US
Both parents are citizens
If both parents are US citizens, but the child is born outside the US, the child is a citizen so long as:

• The parents were married at the time of the child’s birth and
• Either parent lived in the US or its territories prior to the child’s birth.

One parent is a citizen
If the child is born on or after November 14, 1986 and either parent is a US citizen, the child will also be a US citizen provided:

• The parents were married at the time of the child’s birth and
• The US citizen parent spent at least five years of her or his life in the US prior to the birth of the child of which at least two years were after the US citizen parent’s 14th birthday.

Note: For those born before November 14, 1986 but after October 10, 1952 to a US citizen parent, the requirements are the same as for a child born after November 14, 1986 EXCEPT the US citizen parent must have resided in the US for a minimum of ten years, five of which must have been after his or her 14th birthday.

Children born outside the US who still qualify for automatic US citizenship:
If the child is under 18 years of age and was born after February 27, 2001, he or she is a citizen provided that:

• At least one parent is a US citizen,
• The child is under 18 and,
• The child is in the lawful physical custody of the US citizen parent.

Naturalization

Naturalization is the process by which U.S. citizenship is granted to a foreign citizen or national after he or she fulfills the requirements established by Congress.

Eligibility requirements:

• Be at least 18 years of age;
• Be a lawful permanent resident;
• Have resided in the United States as a lawful permanent resident for at least five years (in some cases three);
• Have been physically present in the United States for at least 30 months (in some cases 18 months);
• Be a person of good moral character;
• Be able to speak, read, write and understand the English language;
• Have knowledge of U.S. government and history; and
• Be willing and able to take the Oath of Allegiance.

Naturalization Timeline:

First you need to file Form N-400, Application for Naturalization, with USCIS. USCIS will mailing you receipt letter confirming that they received your application. The receipt notice will arrive approximately 2-3 weeks after filing.

Next, you will receive a biometrics appointment notice within the first 30 days from filing. Every applicant is required to undergo a security clearance and criminal background check. The appointment will take approximately 15-30min. You should bring some form of photo identification to enter the building such as passport or national photo identification issued by your country, driver’s license or state issued photo ID.

Next, USCIS will send another appointment notice for your naturalization interview. This notice can come anywhere from 5-8 months from filing.

At the interview, a USCIS officer will review the entire N-400 application to confirm that the answers previously provided are still correct. Your ability to understand these questions and answers is part of your English comprehension test. Additionally, you will be asked to read and write a sentence in English, and pass the history/civics examination.

If your interview was successful, you will soon receive a notice to take the Oath of Allegiance (N-445, Notice of Naturalization Oath Ceremony). You are not a U.S. citizen until you take the Oath of Allegiance at a naturalization ceremony. After taking the Oath of Allegiance, you will turn in your green card and receive your Certificate of Naturalization.

Deriving citizenship automatically through naturalization of one parent

A child can, in some situations, derive U.S. citizenship automatically through the naturalization of a parent. This will depend upon the laws in place when certain key events occurred. In most cases, you need to have already held U.S. lawful permanent residence.

• Parents naturalized before May 24, 1934: You derive citizenship if either parent naturalized prior to your 21st birthday and you held a green card at the time. You must have been a biological child, not adopted or a stepchild.
• Parents naturalized between May 24, 1934 and January 12, 1941: You derive citizenship if both your parents naturalized prior to your 21st birthday and you had a green card at the time. If only one parent naturalized before you turned 21, you derived U.S. citizenship if you already had a green card for five years at that time.
• Parents naturalized between January 13, 1941 and December 23, 1952: You derive citizenship if you held a green card and both parents naturalized before your 18th birthday; or one parent naturalized but the other parent was dead, or your parents were legally separated and the parent with legal custody of you naturalized.
• Parents naturalized between December 24, 1952 and October 4, 1978: You derive citizenship if you were unmarried, received a green card before your 16th birthday, and both parents naturalized. Or, if only one parent naturalized, you can derive citizenship if the other parent was dead, or your parents were legally separated and the parent with legal custody of you naturalized. You must have been a biological child, not adopted or a stepchild.
• Parents naturalized between October 5, 1978 and February 26, 2001: You derive citizenship if one of your parents was a U.S. citizen when you were born, never ceased to be a citizen, and the other parent was naturalized before your 18th birthday; or the naturalization of both parents occurred before your 18th birthday; and you were unmarried and held a green card at the time.
• Parents born in U.S. or naturalized between February 27, 2001 and the present: You derive citizenship if one of your parents was born in the U.S. or if one of your parents naturalized prior to your 18th birthday and while you were living in the U.S. in the legal and physical custody of that parent, provided you already had a green card (lawful permanent residence). Both biological and adopted children qualify under this law. This allows some children to become U.S. citizens the minute they receive a green card through a U.S. citizen parent.

To learn more about your options contact our San Francisco law firm to speak with one of our immigration attorneys.