U.S. Citizenship

Most people become U.S. citizens either by birth in the United States, by birth abroad to U.S. citizen parents, or by a process called naturalization.

Citizenship in the United States gives a person all of the rights that the United States has to offer. For example, a U.S. citizen has the right to vote, the right to petition for family members to immigrate, and the right to live and work abroad without losing the ability to return.

To become a U.S. citizen, in most cases, you must first have Lawful Permanent Residence (“LPR” or “green card”) status. You must also meet the other requirements listed below.

Automatic Citizenship

People who are born in the United States are automatically citizens at birth. There are a few exceptions for those who are born to foreign heads of state or on foreign vessels in U.S. waters.

Certain people who are born abroad to a U.S. citizen parent or parents may also be citizens at birth. The rules for automatic citizenship for those who are born abroad are extremely complicated and vary depending on the year in which the individual seeking citizenship was born. In some cases, a child born abroad to U.S. citizen parents may be eligible for a Consular Report of Birth Abroad (“CBRA”), which is issued by the U.S. Department of State.

If you were born abroad to a U.S. citizen parent or parents, or if one or both of your parents became U.S. citizens while you were under 18 years of age, contact Kolko & Casey, P.C. about your eligibility for automatic citizenship.

Citizenship Through the Naturalization Process

Lawful Permanent Residents applying for U.S. citizenship through the naturalization process must be at least 18 years old and:

• Have continuously resided in the United States for five years after becoming a Lawful Permanent Resident (three years if married to a U.S. citizen);
• Have physically spent at least half of the past five years (three years if married to a U.S. citizen) as a Lawful Permanent Resident in the United States;
• Have lived for at least three months in the jurisdiction where the application is filed;
• Must demonstrate “good moral character” for the entire period of required residence (five or three years), and an attachment to the principles embodied in the U.S. Constitution;
• Must possess basic English skills and knowledge of the history and government of the United States (certain exceptions apply); and
• Must be willing to take the Oath of Allegiance.

Certain people are not eligible for U.S. citizenship even if they have met the above requirements. These include people who have held certain ideological beliefs and people who have deserted the U.S. military. Some criminal offenses may also interfere with a person’s eligibility to obtain U.S. citizenship through naturalization.

Derivative Citizenship Through the Naturalization of One or Both Parents

Children who were born outside of the United States who have not acquired U.S. citizenship at birth may still derive citizenship when one or both parents naturalize.

Under current law, a child derives citizenship if:

• One parent is a U.S. citizen by birth or naturalization;
• The child is under 18;
• The child is a Lawful Permanent Resident; and
• The child is residing in the United States in the legal and physical custody of the U.S. citizen parent.

Citizenship Through Military Service

There are special rules for the naturalization of members of the U.S. Armed Forces. If you are a Lawful Permanent Resident who has served in the U.S. Armed Forces and you wish to apply for naturalization, please contact Kolko & Casey, P.C. to inquire about the special rules that apply to you.

Dual Citizenship

Dual citizenship means that a person is a citizen of two countries at the same time. Sometimes dual citizenship occurs as an operation of law. For example, a child born in the United States to foreign parents is a citizen of the United States and will usually be a citizen of their parent’s home country as well.

The U.S. government allows, but does not encourage, dual citizenship. Some countries allow their citizens to hold citizenship in another country, while others do not.

It is important to understand that the United States government does not have the power to take away another country’s citizenship from those who wish to naturalize. A person who becomes a U.S. citizen through naturalization may keep their original citizenship, as long as the country of original citizenship does not prohibit dual citizenship. Dual citizenship may also expose an individual to additional liabilities, including taxation. Because dual citizenship carries unique rights and responsibilities, it is important to consider naturalization carefully.