For foreign nationals, there are various paths to becoming citizens of the United States. People often get U.S. citizenship through their parents who are U.S. citizens or through birth in the U.S. This concept is also known as the Child Citizenship Act. This act allows children of U.S. citizens to get citizenship automatically. The same rule applies to adoptive children of U.S. citizens. Adopted children also get the U.S. citizenship of their adoptive parents.
Naturalization is another path to acquiring U.S. citizenship. The U.S. government details this process through the U.S. Constitution and other implementing rules of U.S. agencies. Green card holders or lawful permanent residents (LPRs) can use the naturalization process. An essential part of this process involves satisfying the physical presence requirements in the country. This physical presence must be for a continuous period, either three years or five years, depending on each case.
Furthermore, those who became U.S. citizens through naturalization, or their family members are eligible to apply for a U.S. passport. This and their Naturalization Certificate provide proof of their new U.S. citizenship status.
A person can become a U.S. citizen by parent or by birth in one of three ways:
– By being born in the United States or one of its outlying possessions (birthright citizenship)
– By being born to parents who are U.S. citizens (acquisition of citizenship)
– One of both parents have been naturalized (derivative citizenship)
The U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State give an overview of birthright citizenship and other ways someone may become a U.S. citizen.
1. S. Citizenship by being born in the United States
In most situations, any child born in the United States or one of its territories, like Guam, will automatically get American citizenship. This is called “birthright citizenship” and is protected by the 14th Amendment to the U.S. Constitution, which (in Section 1) states the following:
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, children born to diplomats and other recognized government officials from foreign countries won’t receive U.S. citizenship if born on American soil (Title 8 of the U.S. Code). If you were born in the United States, your U.S. citizenship would last your entire life unless you take affirmative action to give it up, like taking an oath of allegiance.
2. S. Citizenship being born by U.S. Citizens
In case you were not born in the US, it will lead to the following four situations:
– The parents are American citizens, born abroad, and the child is currently under 18 years old. details here
– The parents are American citizens, born abroad and the child is currently over 18 years old. details here
– The parents became citizens after giving birth to the child abroad and the child is currently under 18 years old. details here
– Parents became citizens after the child turned 18 years old. details here