| United States Citizenship |
Article Index for United States |
Shopping Nationality |
Website Links For United States |
Information AboutUnited States Citizenship |
| CATEGORIES ABOUT UNITED STATES NATIONALITY LAW | |
| united states constitution | |
| united states law | |
| constitutional law | |
| immigration to the united states | |
| nationality law | |
| united states federal immigration and nationality legislation | |
|
The Immigration And Naturalization Act sets forth the legal requirements for the acquisition of, and divestiture from, Citizenship of the United States . The requirements have become more explicit since the ratification of the Fourteenth Amendment to the Constitution , with the most recent changes to the Statutory law having been made by the United States Congress in 2001 . POSSESSION OF CITIZENSHIP Rights of citizens United States' Citizens have the right to fully participate in the Political System of the United States (with most member States having restrictions for Felons , and a federal Constitutional Prohibition on naturalized persons running for President and Vice President of the United States), are represented and protected abroad by the United States (through U.S. Embassies and Consulate s), and are allowed to reside in the United States, and Certain Territories , without any Immigration requirements. Responsibilities of citizens Citizens have the duty to serve in a . The United States Government also insists that U.S. citizens travel into and out of the United States on a U.S. Passport , regardless of any Other Nationality they may possess. Male U.S. citizens (including those living permanently abroad and/or with dual U.S./other citizenship) are required to register with the Selective Service System at age 18 for possible Conscription into the Armed Forces . Although no one has been drafted in the U.S. since 1973 , draft registration continues for possible reinstatement on some future date. ACQUISITION OF CITIZENSHIP There are various ways in which a person can acquire United States citizenship, either at birth or later on in life. Birth within the United States See Also: Birthright citizenship in the United States of America Children born in the United States (including not only the 50 States and the District Of Columbia , but also, in most cases, U.S. Territories , such as Puerto Rico , Guam , the Northern Mariana Islands , the U.S. Virgin Islands , and the Panama Canal Zone before it was returned to Panama , in addition to many current states which were territories at the time of the birth of some individuals now living, ''e.g.'' Alaska and Hawaii ), are U.S. citizens at birth (unless born to foreign diplomatic staff), regardless of the citizenship or nationality of the parents (see Jus Soli ). This has become controversial, as some non-resident parents, especially Illegal Alien s, enter the United States to give birth, so that their children, often called '' Anchor Babies '', will be U.S. citizens. A birth certificate is considered evidence of citizenship. Children born in France or Belgium under similar circumstances do not automatically acquire the nationality of the country that they were born in (see Belgian and French Nationality Laws ). The U.S. citizenship status of children born in the United States to non-citizen parents has been generally accepted as Settled Law since 1898, when the Supreme Court Held in '' U.S. V. Wong Kim Ark '' that almost all such children were entitled to citizenship by the Fourteenth Amendment To The Constitution . Although efforts have been made in Congress , from time to time, to overturn the ''Wong Kim Ark'' ruling or limit its effect, via either a new Amendment To The Constitution or ordinary Legislation , no such attempt has ever succeeded. Through birth abroad to two United States citizens In most cases, one is a U.S. citizen if both of the following are true: #Both parents were U.S. citizens at the time of the child's birth #At least one parent lived in the United States prior to the child's birth. A person's record of birth abroad, if registered with a U.S. consulate or embassy, is proof of his or her citizenship. He or she may also apply for a passport or a Certificate of Citizenship to have his or her citizenship recognized. See also: Jus Sanguinis Through birth abroad to one United States citizen In most cases, a person is a U.S. citizen if all of the following are true: #One of his or her parents was a U.S. citizen at the time of the person in question's birth; #The citizen parent lived at least 5 years in the United States before his or her child's birth; and #At least 2 of these 5 years in the United States were after the citizen parent's 14th birthday (see note below). A person's record of birth abroad, if registered with a U.S. consulate or embassy, is proof of his or her citizenship. Such a person may also apply for a passport or a Certificate of Citizenship to have his or her citizenship recognized. Note: If born before November 14 , 1986 , a person is a citizen if his or her U.S. citizen parent lived in the U.S. for at least 10 years and 5 of those years in the U.S. were after the citizen parent's 14th birthday. The newer law does not apply retroactively. Different rules apply for those born before December 24 , 1952 . Naturalization Naturalization is the process in which one becomes a citizen of a country. If not a U.S. citizen, one may be eligible to become one through naturalization. Eligibility for naturalization To become a naturalized United States citizen, one must be at least eighteen years of age at the time of filing, a legal Permanent Resident of the United States, and have had a status of a legal permanent resident in the United States for five years less 90 days before they apply (this requirement is reduced to three years less 90 days if they (a) acquired legal permanent resident status and (b) have been married to and living with a citizen for the past three years.) They must have been physically present for at least 30 months of 60 months prior to the date of filing their application. Also during those 60 months if the legal permanent resident was outside of the U.S. for a continuous period of 6 months or more they are disqualified from naturalizing (certain exceptions apply for those continuous periods of six months to 1 year). They must be a "person of good moral character" {Link without Title} , and must pass a test on United States history and government. Most applicants must also have a working knowledge of the English language (there are exceptions for long-resident older applicants and those with mental or physical disabilities), although this requirement is not intended to be an onerous one, since the test requires that they read and write simple sentences in English, such as "The United States is a democracy". =Citizenship test Applicants for citizenship are asked ten questions, and must answer at least six correctly. U.S. Citizenship and Immigration Services has published a list of 96 sample questions (with answers), from which the questions asked are normally drawn. This list includes:
(U.S. Citizenship and Immigration Services) the full list of question can be found in the "A Guide to Naturalization" which is available for free from: http://www.uscis.gov/files/article/M-476.pdf. It is also available free of charge from USCIS application support centers. There are number of sites which one can buy (why?) test or they can also practice the test for free (see links). New Pilot Naturalization Test
|
|
|