Jonah Patel
Citizenship is a valuable commodity, and the process of becoming a US citizen is known as naturalization. There are several ways to become a citizen of the United States, including birthright citizenship, naturalization, and the Child Citizenship Act of 2000. The Fourteenth Amendment states that all persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens, but this has been interpreted to exclude certain individuals, such as children of foreign diplomats or those with temporary visas. Citizenship can be revoked if renounced or dissolved through a legal process, and it offers benefits such as the right to remain in the country, eligibility for a US passport, and the right to vote.
| Characteristics | Values |
|---|---|
| Citizenship Clause Doctrine | All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside |
| Citizenship by birth | Children born in the United States to Chinese parents who were ineligible to be naturalized themselves are nevertheless citizens of the United States |
| Citizenship by birth | Children born on vessels in United States territorial waters or on the high seas are considered citizens if their parents are citizens |
| Citizenship by naturalization | Lawful permanent residents may be eligible to become citizens through naturalization |
| Citizenship by grandparent rule | Children of a United States citizen who did not become citizens at birth, may use the physical presence of a grandparent who was a citizen to qualify for United States citizenship |
| Citizenship by Child Citizenship Act of 2000 | Children who generally reside outside the United States with a United States citizen parent, whether biological or adopted, may qualify for United States citizenship |
| Honorary citizenship | Granted to individuals such as Sir Winston Churchill, Raoul Wallenberg, and Mother Teresa, among others |
| Citizenship for corporations | Corporations are considered persons in the eyes of the law and may carry US citizenship, with the main advantage being the protection and support of the US government in legal or bureaucratic disputes |
| Loss of citizenship | Americans who live in foreign countries and become members of other governments may be stripped of their US citizenship |
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What You'll Learn
Citizenship by birth
The Citizenship Clause, as it is known, establishes a basic principle of citizenship based on birth or naturalization, without regard to race. However, it is important to note that the Fourteenth Amendment does not grant universal citizenship to everyone born in the United States. There are specific exceptions outlined in the amendment and through legislative specifications.
One exception to birthright citizenship is for individuals born in the United States but not "subject to the jurisdiction thereof." This includes cases where a person's mother was unlawfully present in the country or had a temporary lawful status, such as a visa, and the father was not a US citizen or lawful permanent resident at the time of birth. Additionally, children born to foreign diplomats or alien enemies in hostile occupation are generally excluded from automatic citizenship.
The Child Citizenship Act of 2000 is another important piece of legislation that impacts citizenship by birth. It allows children of US citizens who did not acquire citizenship at birth to use the physical presence of a grandparent who was a citizen to qualify for citizenship. The child must be in the legal and physical custody of the US citizen parent, and the application must be submitted within five years of the parent's death.
It is worth noting that citizenship by birth is not solely dependent on the location of birth. The citizenship of children born in US territorial waters or on the high seas is typically determined by the citizenship of their parents. This showcases the complexities and nuances of citizenship laws, which can vary depending on specific circumstances.
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Naturalization
The process of naturalization also includes a naturalization interview and a test. The test has two parts: a civics test (U.S. history and government) and an English test. However, individuals who meet certain age or disability qualifications may be exempt from the civics or English sections of the test. During the interview, applicants must also take an oath of allegiance.
In addition to the standard process of naturalization, there are a few other ways that individuals can acquire citizenship through residence or descent. For example, under the Child Citizenship Act of 2000, children of U.S. citizens who generally reside outside the United States can acquire citizenship by taking an oath of allegiance before the age of 18. Additionally, Section 322 of the Immigration and Nationality Act of 1952 enables children of U.S. citizens who did not become citizens at birth to use the physical presence period of a grandparent who was a citizen to qualify for citizenship.
Furthermore, the title of "Honorary Citizen of the United States" has been granted eight times by an act of Congress or by a proclamation issued by the president. These honorary citizens include Sir Winston Churchill, Mother Teresa, and William Penn, among others.
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Citizenship by descent
Birth Outside the United States to U.S. Citizen Parents
In general, a child born outside the United States to U.S. citizen parents may acquire U.S. citizenship by descent if the following conditions are met:
- Parentage: At least one parent must be a U.S. citizen, either by birth or through naturalization. This includes biological, adoptive, and, in certain cases, non-genetic gestational parents.
- Physical Presence Requirements: The U.S. citizen parent(s) must have resided in the United States or its territories for a specific period. For children born on or after November 14, 1986, the parent(s) must have been physically present in the U.S. for five years, with at least two of those years after the age of 14.
- Legitimation: If the child is born out of wedlock, additional requirements may apply. For example, the U.S. citizen father must establish paternity and agree to provide financial support until the child reaches the age of 18.
- Timely Application: Children born abroad may need to apply for U.S. citizenship within certain time frames and meet specific eligibility requirements outlined in the USCIS Policy Manual.
Grandparent Rule
The Grandparent Rule, added to the Immigration and Nationality Act of 1952 in 1994, allows grandchildren of U.S. citizens to acquire citizenship through their grandparents under certain conditions. This rule benefits children whose U.S. citizen parents did not meet the physical presence requirements. The child must be in the legal and physical custody of the U.S. citizen parent, and the grandparent must have resided in the U.S. for the required period.
Residence in the United States
Children born outside the United States to U.S. citizen parents may acquire citizenship by residing in the United States. Under Section 320 of the Immigration and Nationality Act (INA), a child born abroad automatically becomes a U.S. citizen when they reside in the U.S. in the legal and physical custody of their U.S. citizen parent(s).
Citizenship at Birth
Children born abroad to U.S. citizen parents may also acquire citizenship at birth if they meet specific requirements outlined in the Immigration and Nationality Act (INA). These requirements depend on the marital status of the parents and the citizenship status of each parent.
It is important to refer to the USCIS website and relevant laws for the most up-to-date and comprehensive information regarding citizenship by descent and the specific conditions that must be met.
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Honorary citizenship
Citizenship is assumed to exist, and this relation is assumed to remain viable until death or until it is renounced or dissolved by some legal process. The Fourteenth Amendment states: "All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the State wherein they reside." However, the Fourteenth Amendment does not extend citizenship to everyone born in the United States. It does not apply to those born in the United States but not "subject to the jurisdiction thereof."
The title of "Honorary Citizen of the United States" has been granted eight times by an act of Congress or a presidential proclamation authorized by Congress. Honorary citizenship does not grant eligibility for a US passport, and it is unclear what rights and privileges it bestows. Here are the eight honorary citizens:
- Sir Winston Churchill: Awarded honorary citizenship in 1963, with President Kennedy presenting an "Honorary Citizen's Document" to Churchill's son on his behalf.
- Raoul Wallenberg: Granted honorary citizenship by a joint resolution of Congress on October 5, 1981.
- William Penn: Granted honorary citizenship on October 19, 1984, by a joint resolution of Congress.
- Hannah Callowhill Penn: Also granted honorary citizenship on October 19, 1984, by a joint resolution of Congress.
- Mother Teresa: Granted honorary citizenship by a joint resolution of Congress on October 1, 1996.
- Marquis de Lafayette: Granted honorary citizenship by a joint resolution of Congress on August 6, 2002.
- Casimir Pulaski: Granted honorary citizenship by a joint resolution of Congress.
- Bernardo de Gálvez y Madrid, Viscount of Galveston and Count of Gálvez.
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Loss of citizenship
US citizens can lose their citizenship through renunciation or denaturalization. Renunciation is the voluntary act of giving up one's citizenship, while denaturalization is the involuntary loss of citizenship, usually due to committing certain crimes or acts of treason.
To renounce US citizenship, an individual must voluntarily perform any of the seven "expatriating" acts defined by law, including joining a foreign military force, applying for foreign citizenship, or formally renouncing citizenship before a US diplomat or consular officer. Additionally, the act must be performed with the conscious desire or specific intent to abandon US nationality. This intent is crucial, as evidenced by cases where individuals expressed a desire to continue living in the US or avoid paying US taxes.
Involuntary loss of citizenship, or denaturalization, can occur under specific circumstances. For example, naturalized US citizens may face denaturalization if their citizenship was procured through misrepresentation or concealment of material facts during the naturalization process. Another reason for denaturalization is committing certain crimes, such as treason. However, it's important to note that even in cases of joining a foreign military or being convicted of treason, the loss of US nationality is not automatic and will depend on the US Department of State's findings and evidence of intent to relinquish citizenship.
While US citizenship is generally secure, there have been instances where Americans living abroad and becoming members of foreign governments have had their citizenship stripped. However, court cases have also reversed such decisions. It is essential to consult an experienced immigration attorney for specific concerns or questions regarding US citizenship loss.
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Frequently asked questions
Birthright, naturalization, and the Child Citizenship Act of 2000 are some of the ways to become a legal citizen of the US. Birthright citizenship is granted to persons born in the US and subject to its jurisdiction, except for children of foreign diplomats or those born to non-citizen parents who were unlawfully present in the US. Naturalization is the process of voluntarily becoming a US citizen, which requires meeting certain eligibility requirements, such as being married to a US citizen or serving in the US military. The Child Citizenship Act allows children of US citizens who were not citizens at birth to acquire citizenship through their grandparent's physical presence in the country.
The benefits of US citizenship include the right to remain in the country, eligibility for a US passport, the right to vote and hold elected office, more options for petitioning to bring family members to the US, and avoiding green card renewal fees. Additionally, citizens are entitled to equal protection under the law and cannot be deprived of life, liberty, or property without due process.
US citizenship is assumed to exist indefinitely until death or renunciation through a legal process. However, there have been instances where Americans living abroad and acquiring foreign citizenship have had their US citizenship stripped or challenged.
