Understand The Requirements For U.S. Citizenship

Author: Michael Harris

Becoming a citizen of the United States is an important decision. Unless you were born in the United States – or on land that was, at the time of your birth, one of its territories or outlying possessions – U.S. citizenship is not automatic. Even a child born abroad to U.S. parents must meet certain requirements in order to establish citizenship.

Some of the benefits of U.S. citizenship include the ability to:

  • Receive benefits
  • Bring family members to the U.S.
  • Keep residency
  • Travel with a U.S. passport
  • Vote
  • Apply for federal jobs
  • Become eligible for federal grants and scholarships
  • Obtain citizenship for minor children under 18 years of age

U.S. citizenship also comes with rights and responsibilities, including the right to speak freely and the responsibility to defend the Constitution of the United States.

There are two basic circumstances under which U.S. citizenship is granted.

1. By Birth: Those Born Outside the U.S. to a Parent With U.S. Citizenship

If a child of a United States citizen is born outside of the U.S., its territories or outlying possessions, the parents must contact the nearest U.S. embassy or consulate to document the child's citizenship. This is very important, as U.S. passports are required for entrance into the U.S. (even for dual citizens) and in order to be eligible for the rights and benefits of U.S. citizenship. For detailed information on the required citizenship status of the parent(s), click here.

At the embassy or consulate, parents of minors under 18 years of age can apply for a Consular Report of Birth Abroad of a Citizen of the United States of America (CRBA) to fulfill statutory requirements in documenting that the child is a U.S. citizen. If the U.S. embassy or consulate determines that the child acquired U.S. citizenship at birth, a consular officer will approve the CRBA application and the Department of State will issue a CRBA, also called a Form FS-240, in the child's name, according to the U.S. State Department website.

Once a child's citizenship has been established, he or she may then obtain a U.S. passport.

Children born in Puerto Rico, U.S. Virgin Islands American Samoa, Guam and the Swains Islands are not considered to have been born on foreign soil. Their parents may establish acquisition of U.S. citizenship or non-citizen nationality, based upon the applicable agreement or statute, by producing the child's birth certificate issued from the local Vital Records Office along with any other evidence required.

Adults born in the Panama Canal Zone before October 1, 1979; The Commonwealth of the Northern Mariana Islands after November 3, 1986; or the Philippines before July 4, 1946, may also follow the above.

An adult born abroad in any country except those listed above – who acquired U.S. citizenship at birth, but never obtained the paperwork while a minor – may apply for a Certificate of Citizenship,

2. Becoming a Naturalized Citizen

The United States is built on the foundation of immigration and continues to admit immigrants as naturalized U.S. citizens. If your parents were not U.S. citizens at your birth, and you were not born in the United States or in its possessions and territories, the only way to become a citizen is to be naturalized.

In order to become a naturalized citizen of the U.S., an applicant must:

  • Be at least 18 years of age or older at the time of application.
  • Have been a permanent resident of the United States for at least five years and meet all other eligibility requirements.
  • Have been a permanent resident of the United States for the past three years and meet all other requirements to file as a spouse of a U.S. citizen.
  • Have qualifying service in the U.S. Armed Forces and meet all other requirements.
  • Be of good moral character.
  • Demonstrate an attachment to the principles and ideals of the U.S. Constitution.

Some immigrants may qualify under certain additional circumstances – see chapter 4 of A Guide to Naturalization for details.

Information sessions are also regularly held around the country.

Once you have determined that you qualify, you must first fill out Form N-400, Application for Naturalization.

Most immigrants must take the Naturalization Test, which includes knowledge of English and civics (U.S. history and government). Community outreach programs can help immigrants study for the test; information is also available online. You must pass the citizenship test in order to take the oath of allegiance to the United States and become a citizen.

The Bottom Line

If you were born in the United States or certain territories – or are the child of a citizen – the citizenship process is relatively straightforward and requires no exam. To be a naturalized citizen, you need first to be a permanent resident and to pass an exam and meet other requirements.

Becoming a permanent resident (getting a green card) is the first step, and it is even more complicated than becoming a citizen. Click here for some basic information, but that is just a starting point. Getting the help of an attorney specializing in immigration, or of a community organization focused on these issues, would be helpful.