US Citizenship

Citizenship acquired by birth

Citizenship acquired by birth can be divided into two different categories.

The first one is citizenship acquired by the fact than an individual was born in the United States. The second one is citizenship acquired "by blood" or "by descent."

If you were not born in the United States, you are a US Citizen if :

1^st Scenario

• Both of your parents are US citizens; B) They were married; and C) at least one of your parents has resided in the United States; or

2^nd Scenario

• Your parents were married at the time of your birth;
• One parent is a U.S. citizen and the other parent is a U.S. national; and
• The U.S. citizen parent was physically present in the United States or one of its outlying possessions for a continuous period of at least one year.

3^rd Scenario

• Your parents were married at the time of your birth;
• One parent is a foreign national and the other parent is a U.S. citizen; and
• The U.S. citizen parent was physically present in the United States for at least 5 years, including at least 2 years after 14 years of age.

4^th Scenario

• Your parents were married at the time of your birth.
• The child was born before noon (Eastern Standard Time) May 24, 1934;
• The child's father is a foreign national;
• The child's mother was a U.S. citizen at the time of the child's birth; and
• The child's U.S. citizen mother resided in the United States prior to the child's birth

If you were born out of wedlock, please see the following scenarios:

1^st Scenario – You are a child of US Citizen mother and all of the following applies:

A) The child was born after December 23, 1952;

B) The child's mother was a U.S. citizen at the time of the child's birth; and

C) The child's U.S. citizen mother was physically present in the United States or outlying possession for one continuous year prior to the child's birth.

2^nd Scenario– You are a child of US Citizen father and you can show the following:

• Your father was a US citizen at the time of your birth;
• A blood relationship was established between the father and child by clear and convincing evidence;
• Your father has agreed to provide financial support until you reach the age of 18; and
• You can satisfy one of the following requirements:
• D.1) The paternity of the child is established by adjudication of a competent court; or
• D.2) The child is legitimated under the law of his or her residence or domicile
• D.3) The father acknowledges in writing and under oath the paternity of the child.

Citizenship acquired by naturalization

In order to become a US citizen, one must firstly become a permanent resident (green card holder). There are various requirements that naturalization applicants must satisfy before they can take the oath of allegiance.

Generally, an applicant must satisfy the following requirements. The applicant is 18 years old and has:

• Been lawfully admitted for permanent residence within the United States for at least five years (spouses of us Citizens are subject to the 3 year requirement).
• been physically present in the United States for periods totaling at least half of that time;
• resided within the State or within the USCIS district where the applicant filed the application for at least three months;
• resided continuously within the United States from the date of the application up to the time of admission to citizenship; and
• during all the period (5 years) has been and still is a person of good moral character, attached to the principles of the United States.

In addition, most applicants are required to take an English and civics test during their naturalization interview. An applicant may obtain a waiver of the English test if he/she meets certain criteria.

It is important to know that if you have any arrests, misdemeanors, convictions, deferred dispositions, or any other criminal record (even if it is expunged), it is imperative to consult an immigration lawyer before you file an application for naturalization. Certain convictions will prevent you from establishing a good moral character. Other convictions may even trigger deportation proceedings. In order to avoid any complications with your citizenship application, you should consult a lawyer before filing anything.

Authored by: Aneliya Angelova