Naturalization And Citizenship

U.S. Citizenship Eligibility Through Naturalization Requirements

Acquiring Citizenship

  • U.S. citizenship can be acquired in a range of ways:

    • By being born in the United States and subject to the jurisdiction of the United States ("constitutional citizenship");

    • By birth overseas to one or more USC parents; and

    • By naturalization following the lawful acquisition of permanent resident status in the U.S.

  • In some cases, a person facing removal proceedings may be (unbeknownst to the person) a USC; only through careful analysis of the circumstances surrounding his/her birth and family can citizenship be established. When a person is facing a removal proceeding, and counsel learns that he/she is a USC, an appropriate motion would be a motion to terminate proceedings based on the fact that U.S. citizenship renders the immigration court without jurisdiction.

U.S. Citizenship Eligibility Through Naturalization Requirements

  • To be able to apply for citizenship through naturalization, you have to meet the following requirements. You should:

    • Be 18 years of age or above

    • Have had lawful permanent residence for five years (three years if married to a U.S. citizen)

    • Have maintained continuous residence during the past five years (three years if married to a U.S. citizen)

    • Have maintained physical presence during the past five years (three years if married to a U.S. citizen)

    • Have a good moral character

    • Have basic knowledge of English

    • Have basic knowledge of U.S. government and history

    • Take the Oath of Allegiance

  • The legacy INS was absorbed by the Department of Homeland Security in 2003. This reorganization and concentration on security issues might result in even longer delays for families seeking to reunite, and for employers seeking to reunite with foreign employment personnel who are seeking to obtain temporary as well as permanent employment with U.S. employers. Even though these fears exist, there have been a few changes that benefit employers and their foreign national employees. Se habla español.