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Naturalization

 

   
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  Naturalization

Becoming an American Citizen

Naturalization is the process by which U.S. citizenship is conferred upon a foreign citizen or national after he or she fulfills the requirements established by the US Congress in the Immigration and Nationality Act (INA). The general requirements for administrative naturalization include:

bullet a period of continuous residence and physical presence in the United States;
 
bullet residence in a particular INS District prior to filing;
 
bullet an ability to read, write and speak English;
 
bullet a knowledge and understanding of U.S. history and government;
 
bullet good moral character;
 
bullet attachment to the principles of the U.S. Constitution; and,
 
bullet favorable disposition toward the United States.

All naturalization applicants must demonstrate good moral character, attachment, and favorable disposition. The other naturalization requirements may be modified or waived for certain applicants, such as spouses of U.S. citizens.

Not everyone is eligible to become a United States citizen. For assistance with naturalization, please contact O'Brien & Associates so that we may assess the merits of your petition and help you with the process.

 Definition of a US Citizen

A citizen of the United States is a native-born, foreign-born, or naturalized person who owes allegiance to the United States and who is entitled to its protection. In addition to the naturalization process, the United States recognizes the U.S. citizenship of individuals according to two fundamental principles: jus soli, or right of birthplace, and jus sanguinis, or right of blood.

The 14th Amendment of the U.S. Constitution guarantees citizenship at birth to almost all individuals born in the United States or in U.S. jurisdictions, according to the principle of jus soli. Certain individuals born in the United States, such as children of foreign heads of state or children of foreign diplomats, do not obtain U.S. citizenship under jus soli.

Certain individuals born outside of the United States are born citizens because of their parents, according to the principle of jus sanguinis (which holds that the country of citizenship of a child is the same as that of his / her parents). The U.S. Congress is responsible for enacting laws that determine how citizenship is conveyed by a U.S. citizen parent or parents according to the principle of jus sanguinis. These laws are contained in the Immigration and Nationality Act. The qualifications of a born United States citizen are listed below.

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 Qualifications of a Born United States Citizen

Generally, a person is a born United States citizen if they were born in the United States or if they were born to U.S. citizens. The following list summarizes the general requirements for being a born U.S. citizen:

bullet

If you were born in the United States (including, in most cases, Puerto Rico, Guam, and the U.S. Virgin Islands), you are an American citizen at birth (unless you were born to a foreign diplomat). Your birth certificate is proof of your citizenship.
 

bullet

In most cases, you are a U.S. citizen if ALL of the following are true: Both your parents were U.S. citizens when you were born; and at least one of your parents lived in the United States at some point in their life. Your record of birth abroad, if registered with a U.S. consulate or embassy, is proof of your citizenship.
 

bullet In most cases, you are a U.S. citizen if ALL of the following are true:
 
bullet One of your parents was a U.S. citizen when you were born;
 
bullet Your citizen parent lived at least 5 years in the United States before
you were born; and
 
bullet At least 2 of these 5 years in the United States were after your
citizen parent's 14th birthday.
 
bullet Your record of birth abroad, if registered with a U.S. consulate or embassy, is proof of your citizenship.

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 Obtaining Birth Certificates

Birth Certificates evidencing birth in the United States are required for many sponsors of foreign nationals. If you cannot locate or do not have a copy of your birth certificate you must request one from the Bureau of Vital Statistics in the state or territory where you were born. The following link provides the form needed to request the certificate as well as the addresses of the various Vital Statistics offices: http://travel.state.gov/vital_records_services.html.

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