How to Become a U S Citizen
96Getting in is The Hard Part
There are three ways to become a citizen of the United States of America.
The first two are automatic and occur when a person is born in the United States or is born abroad to American citizens traveling or residing abroad.
For these people the simple act of being born in one of the two circumstances described above automatically makes them a citizen.
There are rare exceptions to the above, the most common being children born in the U.S. to parents who are either foreign heads of state or foreign diplomats – these children are not recognized as citizens of the United States.
Citizenship by Birth - Jus Soli and the 14th Amendment
The technical legal definitions of obtaining citizenship in one of these ways are the principle of jus soli (right of birthplace) and the principle of jus sanguinis (the right of blood).
The 14th Amendment to the U.S. Constitution, which reads as follows:
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. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
guarantees citizenship under the principle of jus soli to practically every person born within the borders of the Unites States or its territories (Puerto Rico, American Samoa, etc.), with only rare exceptions to this rule (such as children born to foreign diplomats stationed in the U.S., etc.).
Birth to American Parents Outside the U.S. - Principle of Jus Sanguinis
As to children born outside the U.S. to parents who are American citizens, there are a few more exceptions and Congress is free to redefine and change the rules for citizenship under the principle of jus sanguinis.
Generally, if the mother is an American citizen, then the child is automatically an American citizen. In the cases where only the father is an American citizen there is usually no problem so long as he is the recognized biological father AND he is married to the mother at time of birth.
If this is not the case then you had better get a lawyer to determine whether or not a case can be made for the child's right to U.S. citizenship.
I believe that some exceptions have been made in recent decades where the child's father is an American citizen but not married to the mother. These usually involve children born to foreign mothers who had lived with American soldiers while the soldier was stationed abroad.
In these cases the affair was temporary, at least in the eyes of the soldier, and the soldier usually didn't know the woman was pregnant when he left.
I believe that Congress did pass legislation allowing some children born as a result of these affairs, especially in the case of the those born to soldiers in Southeast Asia during the Vietnam War, and allowed them to come to the U.S.some twenty years or more after the war.
Foreign Nationals Seeking U.S. Citizenship
The third way is not automatic and that applies to people who were neither born in the U.S. nor born to parents who were U.S. citizens at the time of their birth.
These are people from other nations and they have to acquire citizenship through the naturalization process.The first step is to gain admittance to the U.S. as a resident alien (a person who is allowed to live and work in the U.S. but who is not a citizen).
There are a number of ways to legally gain admittance to live, work, go to school, etc. Some of these ways, such as student visas or certain work visas do not allow you to apply for citizenship. Other types of legal entry visas give one the option of choosing to remain in the United States as a legal permanent resident or to apply for United States citizenship.
Some Ways to Legally Enter the United States
Here are some of the ways to legally move to the United States and have the option to become a citizen with all the rights and responsibilities of one who was born in the U.S. or born outside the United States to American parents:
- Apply at a U.S. Embassy or Consulate in your home country for an immigrant visa. This can involve a very long wait before you receive the visa and are allowed to move to the United States.
- Apply for and win one of the 50,000 immigrant visas awarded by lottery every year by the U.S government. The application for this also requires that you apply at the U.S. Embassy or Consulate in your home country. While the odds of winning are small, the wait will be short if your name is drawn (the application is for you and your immediate family),
- Enter the United States as a political refugee and apply for asylum in the U.S. I believe that you can also apply for this from abroad as well. The requirement here is that you face persecution or even death in your homeland because of your political views. Granting of such visas are usually a political decision by the U.S. State Department.
- Marrying an American citizen abroad and applying to enter the U.S. with your spouse. This is a K-3 Nonimmigrant Visa for a Spouse. Check the U.S. State Department Visa page for information on this type of visa.
- Coming to the U.S. to the U.S. to marry your American fiancee. This is known as a K-1 Fiancee Visa (there is also a K-2 Visa issued to children of the foreign fiancee - it appears that the child in this case has to be under 21 years of age in order to be admitted on the K-2 visa with the parent). See my Hub Bringing Your Foreign Fiancee to the U.S. for a longer discussion on the process of gaining citizenship by marrying an American citizen.
- Being adopted as a child by an American citizen. This is not really an option as those adopted are generally too young to make a choice and the decision to adopt and bring the child to the U.S. is made by the American parent to be. My previous wife and I adopted our first son this way (he was 15 months old at the time and is now in his twenties) the experience is described in my Hub Adopting a Child Abroad.
- Entering the United States under sponsorship of a relative who is an American citizen. If you have relatives in the United States you can often expedite the process by having them sponsor you as an immigrant. I believe that the sponsoring relative has to assume financial responsibility for you for up to a decade if you cannot find work.
- Enlisting and serving in the U.S. Armed Forces. The United States does accept foreign nationals into the enlisted ranks of the military (I believe that officers have to be U.S. citizens). This can be a route to U.S. residence and citizenship if you qualify.
There are other legal avenues to enter the U.S. to become a legal permanent resident or citizen but the ones above are the most common.
Gaining one of the classes of visas allowing entry for the purpose of remaining in the U.S. is just the first step.
In most cases such visas expire within a short time and certain steps must be taken before the expiration of the visa in order to obtain temporary residence status.
The requirements for temporary residence status vary depending upon the type of visa but usually require the filing of an application and other documents along with an interview with an officer of the U.S. Citizenship and Immigration Services (USCIS).
Once temporary residence is obtained, the person is usually allowed to work and exercise all of the rights of an American citizen except for things like voting, holding certain public offices, etc. Temporary residence status is just that, temporary.
Again, depending upon the type of visa you entered the U.S. under, there will be certain processes you will have to follow in order to obtain permanent residence status.
A big exception involves minor children who are adopted by U.S. citizens. In most cases, these children are brought in to the U.S. and their adoptive parents can immediately file for citizenship.
For all others, an application has to be made for permanent residence status. Like the application for temporary residence status, this also requires the filing of an application and documents and an interview with an officer of the USCIS.
Once permanent residence is obtained the holder can either elect to live here as a legal resident alien or apply for citizenship. As a permanent resident alien, they will have to periodically renew their status but, other than not being able to vote or hold most public offices, life will be no different than that of a citizen.
However, if they commit a crime such people can be deported and, there is always the possibility that Congress will change the law in the future and not allow them to renew their permanent resident alien status thereby forcing them to leave the country.
The basic process for moving from permanent residence status to naturalized citizen requires that the person first must meet the following general requirements:
1 – they must physically reside in the U.S. for a continuous period (exact time may vary)
2 – they must demonstrate the ability to read, write and speak English.
3 - they must reside in a particular USCIS District prior to filing (in other words they must file in the USCIS district in which they live)
4 – they must have a knowledge and understanding of U.S. history and government.
5 - they must demonstrate an attachment to the principles of the U.S. Constitution
6 – they must be of good moral character.
7 - they must have a favorable disposition toward the United States.
Good moral character, attachment to the Constitution and favorable disposition toward the United States is required for all persons seeking naturalization. Some of the other requirements may be waived for certain people including members of the U.S. military (citizenship is not a requirement for enlisting in the U.S. Armed Forces), spouses of American citizens and certain others.
These are the general rules that most people have to follow. There are also other rules which vary according to the type of visa under which the applicant entered the U.S. and other factors.
The USCIS web site (see link below) contains most, if not all, of the information and forms needed for most people to complete the process. However, immigration law and regulations are extensive and complicated as well as constantly changing so it is important to follow the rules that apply to your particular situation. Lawyers can be hired to assist you with this but they are not required.
The passing of a test on U.S. history and government (given in English) is one of the final requirements for most applicants. Once all of the steps have been completed, the applicant is given an appointment for a swearing in ceremony during which they take an oath of allegiance to the U.S. and renounce all previous citizenship rights in other nations and they become citizens with all of the rights, privileges and responsibilities of U.S. citizens.
The only right they do not have is the right to be elected President, which the Constitution specifically reserves to those who are citizens by birth (by default, they also cannot be elected Vice President since they could not assume the office of President in the event of the President's death or removal).
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How to Become a U.S. Citizen (4th Edition)
Current Bid: $9.59
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NEW How to Become a U.s. Citizen - Peterson's (COR)
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How to Become a U.S. Citizen (Peterson's How to Become A U.S. Citizen), Peterson
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LInks to My Other Hubs on Citizenship and Immigration
- Bringing Your Foreign Fiancee to the U S
With so many Americans traveling and working abroad to say nothing of meeting people via the Internet, it is not surprising that many are finding love and marrying someone from abroad. Here is how to legally bring your spouse to the United States. - How to Apply for Emigration to Ireland from India
The recent liberalization of Ireland's economy has resulted in a demand for more labor which has made Ireland attractive to immigrants seeking a better life. With both India and Ireland being English speaking nations and both part of the British Empi
Links to Citizenship Information on U.S. Government Immigration Service Website
- http://www.usagcls.com/
The United States Green Card Lottery Service provides free information about the Green Card Lottery Program and assists individuals in preparing and submitting their greencard lottery applications. - U.S. Citizenship & Immigration Services Home Page
This site is an absolute must for anyone attempting to navigate through the immigration and naturalization process. It is a great resource.
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Wow, thanks. I knew almost all of them except the lottery!
I am an Indian citizen (woman) living in Italy since 10 years and my American boyfriend wants to adopt my daughter who doesn't have a father on her birth certificate. Is that possible and how can it be done?
Well im from Hawaii i have a friend of mine that had a question regarding citizen's child left in the phillippines,the father of this child is US citizen but it was born in phillippines,is there anyway that the can apply to become a US citizen pls help thanks
This is an important topic I'm very interested to learn further. I have relatives abroad who will benefit from this information.
so i am going to puerto rico to see my boyfriend, if we get married there what is my next step that i have to do
Hello. My relatives are greencard holder. If they wrote a recommended letter for me to work to work for them in US (store manager. They got several wine store in San Francisco) then will I be able to apply for citizenship? If for some months or years later I quit the job and got another one then can I still got the right to stay in US? Thanks.
I am 18 and currently in the US visting on my 10 yr visa. However, I will be going back home to Jamaica in a week. I would love to go to college here in the US. Is it possible my uncle could file for me?
Hello My father is an american resident and he will become an american citizen. I would like to know if the fact of him being a citizen helps me to get the citizenship faster (I just got my green card 2 weeks ago).
Thanks
my father is a US NAVY veteran. are we eligible to get a US visa? at least a visitor's visa if not immigrant?
Hi I entered u.s when I was 13 for 6 months with immigrant visa now I am 24..and planning to go back, my mom is a u.s citizen when I reached 18 does it mean I'm automatic u.s citizen?
I was born in USA and I have USA birth certificate issued by government also. But my family moved to my parent home country when I was 3 years old. Now I am a citizen of Sri Lanka. I want to know whether my US citizenship is still valid or should I apply for dual citizenship?
Very well and broadly explained! So useful and informative.
As a reply to rich's queries:
You can very well bring in your kids into the US based on Green card. As suggested by chuck, you would definitely get a clear idea of the entire process if you visit the Green card section of the USCIS site. If you have any doubts even after checking out the process, feel free to get back to me. Good Luck!
hi!!!gud day to all...can you help me with my problem,i am a permanent resident here in california,i have my bf in the philippines together with our kids,can i petition my bf with a fiancee visa or should i get marry him in the philippines,and how long we wait if we get married in the philippines before he can go here if i marry him?or i just wait for my naturalization here i have my green card 4years a go but im not stay here in c,a for more than a year i just visit yearly.tnx
Hi i am green card holder.me and my u.s citizen husband are not in good term anymore due of some problems..i have 3 kids in phlippines..i want to know if you have any idea how can i get my kids to be with me here in u.s ?or can i get them even im a green card holder.? there are all minor..
As a reply to mon26's queries:
Since you have been a Green card holder for more than the needed 5 yrs, that part of the eligibility criteria is fine. However you should show at least 920-930 days of continuous residence in the US in the total 5 yr requirement. When you have accumulated that much of days, you can file in your citizenship application. Make sure that you do not make trips out of the US for more than 6 months. Also keep a note of all your trips.
i have my green card 5years a go,but im not stay in usa for 5years but i visit yearly and i have my reentry permit.now i stay in usa for good.how many years i just wait before i have my citizenship here in usa,i am permanent resident now.thanks!!!
My husband and I have been married for 11yrs we have a daughter. But he is illegal entered legal but over stayed we are always worried he will get sent home. We have talked to several lawyers and they tell us to just wait till the law changes. He has been here in the US for 12yrs and pays his taxes with a TIN number we are doing all we can to follow the law. Do You see that there will ever be a way he can fix his citizen ship. He is from Indonesia and did come with a pass port and visa but over stayed. I wish they would make a law where once youve been here so long that you can become a citizen. Maybe pay a fine or some sort of penalty or something. Because living in fear is hard, him not driving is hard, we want to do the right thing but there seems to be no way to even start it with the laws like they are. maybe he shouldnt have overstayed but that was 12yrs ago and well to late to take it back now. And he sure has nothing to go back to. We have a life here maybe a hard life but a life that we dont want to give up just because of crazy paperwork issues.
We are looking at moving to the united states. My mother was born in America and I have no father listed on my birth certificate. Does this mean that I wont have a problem?
hi i have a question regarding my deceased father who was a ww2 veteran and retired us navy and serve us for 20 years in service. when he retire from navy in year late 1960's he was still single did not obtain his us citizenship and went here in the Philippines and got married and had 4 children..but when he decided to come back to USA with the family he filed his naturalization as US citizen in 1995 so we could migrate but sad to say were not able to go to the US because of his health problem and died in year 2000 my question is am i still eligible to become a us citizen tru my father's citizenship.
Very interesting and well written hub! I have wondered about this process. (loved the comments as well:)
what if you were brought to the u.s when your were a child, saying at age 4. you were partically raised here, went to school, and graduated from high school as well. how will i be able to apply for myself without the help of others?
I'm from the Philippines. Actually, I don't want to be a citizen. I just want to go there to tour. Sadly the process is so complex and pricey and people like me (who aren't really terrorists or won't overstay and just want to tour) are discouraged from going. It's really so annoying because for someone like me, the expenses, plus the stress, of the application is already so much and could have just been part of my savings for ticket or whatever.
It was a really interesting post.
its impressive and informative alongwith useful comments by others
That is really a grt idea Chuck..I guess only half of them will know the answers for the civic questions!!
You have given a neat outline of the entire citizenship process.Good job! I would like to add a few points about the US citizenship test which in my opinion will add to the article.
Scoring trend of the citizenship test
Reading test -Reading a complete sentence without giving any extended pauses will give a pass.Pronunciation or intonation errors are usually ignored.(provided that they do not interfere with meaning of the sentence)
Writing test - Illegible writing, using totally different words in place of the given one and writing a totally different sentence will fail an applicant
Speaking test - Comprehending and responding meaningfully to the questions asked by the immigration officer will ensure a pass.
What if an applicant fails the test?
The applicant will get two chances to take the English and Civics tests per application. If the applicant does not pass any of the tests at their initial Citizenship Test and Interview, they will be retested on that portion of the test in which they failed. This retest will be held between 60 and 90 days from the date of the initial interview.The results of the test are usually intimated through mail.
Yeah, a number of those conditions are ambiguous and/or pretty flexible. That being said, all the time and expense that goes into doing things the right and legal way makes illegal immigration all the more offensive.
Hi Chuck, well I have just become a US citizen after taking step number 3 as described accurately in your hub! I had to learn 100 questions on the history, geography, politics and economic systems in the states. Although you are only asked up to 10 questions at the interview, you still have to know all 100! I was well rehearsed when I went for my interview.. so was quite upset when I was only asked 4 questions. I wanted more! I wanted to show how hard I had worked to learn all about my 'adopted' country.
I am British and have lived in America for 14 years. I married an American many years ago and after we divorced I remained in the states... and have had two green cards. I must say, although I still love being English, its also good to be an American!
Thanks for your hub!
I, personally, did not find this article helpful. It was a waste of my reading time.
I got my American citizenship because I married an American (I am still married to her). I am aware that men from different countries have married Americans, gotten the blue passport and left them. Ladies beware.
Great hub & information chuck! There is a fourth way, that is often overlooked, and that is being born in Puerto Rico! All Puerto Ricans born in Puerto Rico are Automatically Naturalized US citizens even though Puerto Rico is a US possession and not a state.
There are three ways to become a citizen of the United States of America. The first two are automatic and occur when a person is born in the United States or is born abroad to American citizens
traveling or residing abroad. For these people the simple act of being born in one of the two circumstances described above automatically makes them a citizen (there are rare exceptions the most common being children born in the U.S. to parents who are either foreign heads of state or foreign diplomats – these children are not recognized as citizens of the United States). The technical legal definitions of obtaining citizenship in one of these ways are the principle of jus soli (right of birthplace) and the principle of jus sanguinis (the right of blood). The 14th Amendment to the U.S. Constitution (which reads as follows: 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. No state shall make or enforce any law which shall abridge the privileges or immun
I will give it a pass, with the recession and the balance of power shifting to the east, USA is no longer attractive.
boring
US Military? that sounds scary guys!! must be fully combat ready from the day of picking form, one can be enrolled straight to the war front, may be in Afg...Pa...k....I...r...N.K......South Am..... or any other deadly combat zone. need to think twice, anyway, lottery seems to be a more considerable offer to Joining the Navy, Army or any other force....lol
Good Hub, thanks for the information.
Hi, please i dont have visa but my plan is to become a naval officer.can you please help me make my dream come to reality. I love Navy.
great information, well writen, it is interesting back 50 years ago my father served in the army and he was not a citizen, the day that they issued his citizenship his father passed away adn he never got it, 30 years he applied for it and they gave him a hard time and he served in the army a little crazy I think....
Great information for people looking to become citizens. I'm sure this will extremely helpful.
I'm married to a G4 visa holder. I have a G4 visa myself because of him. I have lived in the USA for 9 years. How can I become a citizen?
I am married to the american citizenship and my daughter 2 years old is american citizen too..my husband cant make petition me because he dont have work, how I am apply visa that company my daughter going usa?
how about if i enter as a student and then find an employer that will give me a job?
American citizens and UNITED STATES CITIZENS
Most people think that everyone living in one one of the states that make up The united states are UNITED STATES CITIZENS.- Meaning the "District of Columbia" which is limited as to what it can do in any state by the constitution of the united states.
According to the constitution the federal government cannot enforce any laws on any state that takes away their God given rights.
If,on the other hand we are not living under the constitution,then we are living under another type of law.Perhaps we are living under International Universal Commercial Code. The U.C.C. which is simply the law of commerce. Which has to do with debts and credits.
If,we are living under Corporate law then There must be a Corporation called "THE UNITED STATES".
You probably have heard of states,cites and towns getting a corporate charter.The same with schools,Institutions like medical organizations,The Americam medical Association,A.M.A. They are all corporate entities.
We have state laws that say ,if you are required to pay federal income tax,then you are also required to pay the state income tax.The reasoning behind that the states are subsidaries of the corporate UNITED STATES.How can this be if the states created the united states government? The only reason it can be is a conspiracy between certain factions in government to make the state governments subservient to the federal government.
If,you are a UNITED STATES CITIZEN ,you are not an American citizen who is free to live as the original united states constituton was written.If,you think so.Try using the constitution when you try to defend yourself and see how far you get.American history is full of examples of unconstututional laws being passed by congress,and being struck down by the U.S.Supreme court prior to 1938.These court decisons are no longer seen as valid by todays Supreme court.So,much for constutional law.
Those don't know their rights ,have no rights.
Ignorance of the law is no excuse.
Common law is almost unknown anymore.The common law courts have all disappeared.
America's legal system was inherited from the British legal system.In fact the American bar association is a franchise of the British bar association.
America may have won the war of Independence temporarily as we are far from Independent from the tyranny of British rule even today.All we need do to see what kind of government that might be is to look at Canada's government.All of those who are elected in Canada have to swear an oath to the Queen of England.Yet,Canada is seen as an independent country by most countries,when in fact they are simply another British colony and America's states are returning to the same government,that of a British colony.
If,we insist on our constitutional rights we may get to keep them,but,if we give in to what they want us to do,then we can only blame ourselves.Their is a famous saying,"The best slave is one who thinks he is free."
"Those who are willing to give up their liberty for a little security,deserve neither security nor liberty."
Wow, thanks. I knew almost all of them except the lottery!
Great hub, thanks.
very detailed and informative hub. I give it an A+.
Thank you for your help.
Nice hub :) I am from India, Few of my friends are doing job in US. Now they are looking for US citizenship,Will show them this Hub, I think That will help them.
I believe that in order to remain an American citizen, a person should be required to, in some fashion, contribute to the American landscape. For all I care, North-american terrorists and leeches should leave.
Interesting and very useful hub.Thank you!
thanks ,
nice info
In comparison to the UK, I really think the US have hit the nail on the head with the naturalized citizen requirements. Especially point 4, 5 and 6 mentioned in the Hub.It sends a message to say we are open to you coming, but you must understand that you will now be living in America, so you need to understand us.I don't think we have anything quite like this in the UK and it shows.
Helloo am jimmy and always had wished to work and stay in america..can i get citizenship if i would apply for scholarship and won at US universities?
dude i got an A+ .THANKS SAGGAY AND FRIEND
chuck you really helped me and my friend The Runs out a lot!! we where doing a school project on how to become a u.s citizen. Thanks again!! -Saggay & The Runs
this page was to me was no use i actually found it...pretty much worthless and a bit racists
cheers jimmy
congrats chuck on your 100th hub welcome to club allstar lol.....jimmy



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Gregorious Level 1 Commenter 6 weeks ago
US has one of the toughest immigration policies in the world. Heaps of paperwork and can be quite expensive too. Thanks for a very informative hub.