US Citizenship Information
Christopher Tompkins Attorney At Law 225 Broadway, Suite 700 New York, NY 10007 212 962-5363 Email: NYLawyerImmigration@Gmail.com Citizenship Through Naturalization Naturalization is the process where U.S. citizenship is granted to a foreign citizen (alien) after fulfilling certain requirements. Qualifications for Naturalization. You May Qualify for Naturalization IF: You have been a permanent resident for at least 5 years, AND You meet the following requirements in order to apply for naturalization: Be 18 or older at the time of filing Be a green card holder 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 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 May Also Qualify for Naturalization IF: You have been a permanent resident for 3 years or more and meet all eligibility requirements to file as a spouse of a U.S. citizen AND, You meet the following requirements in order to apply for naturalization: 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. Exceptions & Accommodations to Naturalization Requirements English Language Exemptions You Are Not Required To Speak and Read The English Language, But Are Still Required To Take The Civics Test If You Are: Age 50 or older at the time of filing for naturalization and have lived as a permanent resident (green card holder) in the United States for 20 years (commonly referred to as the “50/20” exception). OR Age 55 or older at the time of filing for naturalization and have lived as a permanent resident in the United States for 15 years (commonly referred to as the “55/15” exception). Civic Test Still Required Even If English Requirement is Waived. Even if you qualify for the “50/20” or “55/15” English language exceptions listed above, you must still take the civics test. You may be permitted to take the civics test in your native language, but only if your understanding of spoken English is insufficient to conduct a valid examination in English. If you take the test in your native language, you must bring an interpreter with you to your interview. Your interpreter must be fluent in both English and your native language. If you are age 65 or older and have been a permanent resident for at least 20 years at the time of filing for naturalization, you will be given special consideration regarding the civics requirement. Medical Disability Exceptions to English and Civics Requirements You may be eligible for an exception to the English and civics naturalization requirements if you are unable to comply with these requirements because of a physical or developmental disability or a mental impairment. To request this exception, submit Form N-648, Medical Certification for Disability Exceptions. This form must be completed by a licensed medical or osteopathic doctor, or licensed clinical psychologist. Continuous Residence Exceptions If you are engaged in certain kinds of overseas employment you may be eligible for an exception to the continuous residence requirement. Disability Accommodations USCIS also provides accommodations or modifications for applicants with physical or mental impairments that make it difficult for them to complete the naturalization process. Applicants must list their on Form N-400, Application for Naturalization. |
U.S. Citizenship Derived or Acquired from Parents if Born Abroad
If you meet certain criteria, you can become a U.S. citizen at birth or later in life. To become a citizen when you are born, you must: Have been born in the United States, or certain U.S. territories or outlying possessions,; OR had a parent or parents who were citizens at the time of your birth (if you were born abroad) and meet other requirements. Citizenship Through Parents There are two ways to obtain citizenship from your parents, one is at birth and one after birth but before the age of 18. Citizenship at Birth for Children Born Outside the U.S. and its Territories A Child Born Outside the U.S. is a Citizen at Birth IF: Both parents were U.S. citizens at the time of birth, AND The parents were married at the time of birth and at least one parent lived in the U.S. or its territories prior to the birth. A Child Born Outside the U.S. is also a Citizen at Birth IF: One parent is a U.S. citizen at the time of birth and the birthdate is on or after November 14, 1986, AND The parents are married at the time of birth and the U.S. citizen parent had been physically present in the U.S. or its territories for a period of at least five years at some time in his or her life prior to the birth, of which at least two years were after his or her 14th birthday. Spending time abroad as U.S Citizen parent in any of the following three capacities can also be counted towards the physical presence requirement: (1)U.S. Armed Forces; (2)Employed with U.S. Government; or (3) Employed with certain international organizations. (4) time spent abroad by the U.S. citizen parent while the U.S. citizen parent was the unmarried son or daughter and a member of the household of a person who meets any of the three conditions listed above can also be counted. A Child Born Outside the U.S. is also a Citizen at Birth IF: One parent is a U.S. citizen at the time of birth and the birthdate is before November 14, 1986 but after October 10, 1952, AND The parents are married at the time of birth and the U.S. citizen parent was physically present in the U.S. or its territories for a period of at least ten years at some time in his or her life prior to the birth, at least five of which were after his or her 14th birthday. Spending time abroad as U.S Citizen parent in any of the following three capacities can also be counted towards the physical presence requirement: (1)U.S. Armed Forces; (2)Employed with U.S. Government; or (3) Employed with certain international organizations. (4) time spent abroad by the U.S. citizen parent while the U.S. citizen parent was the unmarried son or daughter and a member of the household of a person who meets any of the three conditions listed above can also be counted. Consular Report of Birth Abroad of a Citizen of the United States of America A child born abroad to a U.S. citizen parent or parents, the child’s parents should contact the nearest U.S. embassy or consulate to apply for a Consular Report of Birth Abroad of a Citizen of the United States of America (CRBA) to document that the child is a U.S. citizen. If the U.S. embassy or consulate determines that the child acquired U.S. citizenship at birth, a consular officer will approve the CRBA application and the Department of State will issue a CRBA, also called a Form FS-240, in the child’s name. According to U.S. law, a Consular Report of Birth Abroad of a U.S. citizen (CRBA) is proof of U.S. citizenship and may be used to obtain a U.S. passport and register for school, among other purposes. The child’s parents may choose to apply for a U.S. passport for the child at the same time that they apply for a CRBA. Like a CRBA, a full validity, unexpired U.S. passport is proof of U.S. citizenship. A Consular Report of Birth Abroad of a U.S. citizen is only issued to a child who acquired U.S. citizenship at birth and who is generally under the age of 18 at the time of the application. The U.S. embassy or consulate will provide one original copy of an eligible child’s Consular Report of Birth Abroad of a U.S. Citizen. You may replace, amend or request multiple copies of a Consular Report of Birth Abroad of a U.S. Citizen at any time. Consular Report of Birth Abroad NOT Required if you were born in U.S. Territory. Persons who acquired U.S. citizenship or U.S. nationality at birth in one of the following current or former territories or outlying possessions of the United States during relevant time periods are not eligible for a Consular Report of Birth Abroad of a U.S. Citizen because such persons are not considered to have been born abroad. Individuals born in these locations during the relevant times may establish acquisition of U.S. citizenship or non-citizen nationality, based upon the applicable agreement or statute, by producing their birth certificate issued from the local Vital Records Office along with any other evidence required to establish acquisition: Puerto Rico U.S. Virgin Islands American Samoa Guam Swains Island The Panama Canal Zone before October 1, 1979 The Commonwealth of the Northern Mariana Islands after November 3, 1986 The Philippines before July 4, 1946 Other Citizenship Documents Issued to U.S. Citizens Born Abroad. Issuance Certification of Report of Birth (DS-1350) As of December 31, 2010, U.S. Embassies and Consulates no longer issue Certificate of Report of Birth of a U.S Citizen. It is now issued centrally from the United States. A more secure Consular Report of Birth Abroad of a U.S. Citizen was introduced in January 2011 but the birth must still be reported to U.S. Embassy or Consulate. Certificate of Citizenship issued by U.S. Citizenship and Immigration Services (USCIS) A person born abroad who acquired U.S. citizenship at birth but who is over the age of 18 (and so not eligible for a CRBA) may wish to apply for a Certificate of Citizenship to document acquisition using form N-600. Automatic U.S. Citizenship After Birth - But Before the Age of 18 A Child Born Outside the U.S. is a Citizen after Birth IF: The child was under 18 or not yet born on February 27, 2001, AND At least one parent is a U.S. citizen, the child is currently under 18 and residing in the U.S. in the legal and physical custody of the U.S. citizen parent pursuant to lawful admission for permanent residence. A Child Born Outside the U.S. is also a Citizen after Birth IF: The child was under 18 from December 24, 1952 to February 26, 2001, AND The child was residing as a Green Card holder in the U.S. and both parents naturalized before the child’s 18th birthday; OR If one parent died, that the surviving parent naturalized before the child turned 18. OR If the parents legally separated, that the parent maintaining legal and physical custody naturalized before the child turned 18. OR If the child was born out of wedlock and paternity has not been established by legitimation, the mother naturalized before the child turned 18. The child was adopted by a U.S. citizen parent and The Child Born Outside the U.S. is also a Citizen after Birth IF: The child resides legally in the U.S. in the legal and physical custody of the U.S. citizen parent and meets the following conditions after February 27, 2001 but before his or her 18th birthday: The adoptive parent adopted the child before his or her 16th birthday (or, in some cases, 18th birthday) and had legal custody of the child and resided with the child for at least two years; OR The child was admitted to the United States as an orphan (IR-3) or Convention adoptee (IH-3) whose adoption by his or her U.S. citizen parent(s) was fully completed abroad; OR The child was admitted to the United States as an orphan (IR-4) or Convention adoptee (IH-4) who was coming to the United States to be adopted and the child's adoptive parent(s) completed the adoption before his or her 18th birthday. Certificate of Citizenship - N-600 Apply for “derived” or “acquired” citizenship through parents using form N-600 and follow the instructions to establish US Citizenship under any of the foregoing conditions. If you are able to prove any of the above you will receive a Certificate of Citizenship. |