How To Become a U.S. Citizen
If you meet certain requirements, you may become a U.S. citizen either at birth or after birth. Thus, you may become a U.S. citizen (1) by birth or (2) through naturalization.
Becoming A Citizen at Birth
To become a citizen at birth, you must:
• have been born in the United States or certain territories or outlying possessions of the United States, and be subject to the jurisdiction of the United States; or
• have had a parent or parents who were citizens at the time of your birth (if you were born abroad) and meet other requirements.
Generally, people are born U.S. citizens if they are born in the United States or if they are born to U.S. citizens:
1. If You Were Born In The United States. Normally, if you were born in the United States, you were a citizen at birth. This includes, in most cases, persons born in the Commonwealth of Puerto Rico, the territories of Guam and the U.S. Virgin Islands, and after November 4, 1986, the Commonwealth of the Northern Mariana Islands. The exception to this rule is persons who were born in the United States but were not subject to the jurisdiction of the United States, such as children of foreign diplomats.
2. If You Were Born Abroad To Two U.S. Citizens. If you were born abroad to two U.S. citizens and at least one of your parents lived in the United States at some point in his or her life, then in most cases you are a U.S. citizen.
3. If You Were Born Abroad To One U.S. Citizen. If you were born abroad to one U.S. citizen, in most cases you are a U.S. citizen if all of the following are true:
• one of your parents was a U.S. citizen when you were born;
• your citizen parent lived at least 5 years in the United States before you were born; and
• at least 2 of those 5 years in the United States were after your citizen parent's 14th birthday. (If you were born before November 14, 1986, you are a citizen if your U.S. citizen parent lived in the United States for at least 10 years and 5 of those years in the United States were after your citizen parent's 14th birthday).
Your record of birth abroad, if registered with a U.S. consulate or embassy, is proof of your citizenship. You may also apply for a passport to have your citizenship recognized. If you need additional proof of your citizenship, you may file an "Application for Certificate of Citizenship" (Form N-600) with USCIS to get a Certificate of Citizenship. Call the USCIS Forms Line at 1-800-870-3676 to request Form N-600, or download the form at www.uscis.gov.
Becoming A Citizen After Birth
To become a citizen after birth, you must:
• apply for "derived" or "acquired" citizenship through parents; or
• apply for naturalization
Who May Qualify Derived Or Acquired Citizenship
As explained above, some children born outside the United States are U.S. citizens at birth. In addition, children born abroad may become U.S. citizens after birth.
Definition of Child
In general, a child for citizenship and naturalization provisions is an unmarried person who is:
• The genetic, legitimated, or adopted son or daughter of a U.S. citizen; or
• The son or daughter of a non-genetic gestational U.S. citizen mother who is recognized by the relevant jurisdiction as the child’s legal parent.
Automatic Acquisition of Citizenship After Birth: Children of U.S. Citizens Residing in the United States
Children who were born outside the U.S. but now live in the U.S. may acquire citizenship under Section 320 of the Immigration and Nationality Act (INA). A child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met on or after Feb. 27, 2001:
• The child has at least one parent, including an adoptive parent, who is a U.S. citizen by birth or through naturalization;
• The child is under 18 years of age;
• The child is a lawful permanent resident (LPR); and
• The child is residing in the United States in the legal and physical custody of the U.S. citizen parent.
Persons who acquired citizenship from a parent or parents while under 18 years of age use the Application for Certificate of Citizenship (Form N-600) to document their citizenship. You may call the USCIS Forms Line at 1-800-870-3676 to request a Form N-600, or you may download this and other forms at www.uscis.gov.
Naturalization of Children Of U.S. Citizens Residing Outside the United States
Qualified children who reside abroad use the Application for Citizenship and Issuance of Certificate under Section 322 (Form N-600K) to document their naturalization. You may call the USCIS Forms Line at 1-800-870-3676 to request a Form N-600K, or you may download this and other forms at www.uscis.gov.
A. General Requirements: Genetic, Legitimated, or Adopted Child Residing Outside the United States
The Child Citizenship Act of 2000 (CCA) amended the INA to cover foreign-born children who did not automatically acquire citizenship under INA 320 and who generally reside outside the United States with a U.S. citizen parent.
A genetic, legitimated, or adopted child who regularly resides outside of the United States is eligible for naturalization if all of the following conditions have been met:
• The child has at least one parent, including an adoptive parent, who is a U.S. citizen by birth or through naturalization;
• The child’s U.S. citizen parent or U.S. citizen grandparent meets certain physical presence requirements in the United States or an outlying possession;
• The child is under 18 years of age;
• The child is residing outside of the United States in the legal and physical custody of the U.S. citizen parent, or of a person who does not object to the application if the U.S. citizen parent is deceased; and
• The child is lawfully admitted, physically present, and maintaining a lawful status in the United States at the time the application is approved and the time of naturalization.
Children of U.S. citizen military members residing outside the United States may complete the entire process from abroad.
A child born abroad through Assisted Reproductive Technology (ART) may be eligible for naturalization under INA 322 based on a relationship with his or her U.S. citizen gestational mother under INA 322 if:
• The child’s gestational mother is recognized by the relevant jurisdiction as the child’s legal parent at the time of the child’s birth; and
• The child meets all other requirements under INA 322, including that the child is residing outside of the United States in the legal and physical custody of the U.S. citizen parent, or a person who does not object to the application if the U.S. citizen parent is deceased.
There are certain exceptions to these requirements for children of U.S. citizens in the U.S. armed forces accompanying their parent abroad on official orders.
B. Eligibility to Apply on the Child’s Behalf
Typically, a child’s U.S. citizen parent files a Certificate of Citizenship application on the child’s behalf. If the U.S. citizen parent has died, the child’s citizen grandparent or the child’s U.S. citizen legal guardian may file the application on the child’s behalf within 5 years of the parent's death.
C. Physical Presence of the U.S. Citizen Parent or Grandparent
1. Physical Presence of Child’s U.S. Citizen Parent
A child’s U.S. citizen parent must meet the following physical presence requirements:
• The parent has been physically present in the United States or its outlying possessions for at least 5 years; and
• The parent met such physical presence for at least 2 years after he or she reached 14 years of age.
A parent’s physical presence is calculated in the aggregate and includes time accrued in the United States during periods when the parent was not a U.S. citizen.
2. Exception for U.S. Citizen Member of the U.S. Armed Forces
The child’s U.S. citizen service member parent may count any period of time he or she has resided abroad on official orders as physical presence in the United States.
3. Reliance on Physical Presence of Child’s U.S. Citizen Grandparent
If the child’s parent does not meet the physical presence requirement, the child may rely on the physical presence of the child’s U.S. citizen grandparent to meet the requirement. In such cases, the officer first must verify that the citizen grandparent, the citizen parent’s mother or father, is a U.S. citizen at the time of filing. If the grandparent has died, the grandparent must have been a U.S. citizen and met the physical presence requirements at the time of his or her death.
Like in the case of the citizen parent, the officer also must ensure that:
• The U.S. citizen grandparent has been physically present in the United States or its outlying possessions for at least 5 years; and
• The U.S. citizen grandparent met such physical presence for at least 2 years after he or she reached 14 years of age.
Like the citizen parent, a grandparent’s physical presence is calculated in the aggregate and includes time accrued in the United States during periods when the grandparent was not a U.S. citizen.
D. Temporary Presence by Lawful Admission and Status in United States
1. Temporary Presence and Status Requirements
In most cases, the citizenship process for a child residing abroad cannot take place solely overseas.
• The child is required to be lawfully admitted to United States, in any status, and be physically present in the United States;
• The child is required to maintain the lawful status that he or she was admitted under while in the United States; and
• The child is required to take the Oath of Allegiance in the United States unless the oath requirement is waived.
2. Exception for Child of U.S. Citizen Service Member of the U.S. Armed Forces
Certain children of U.S. citizen members of the U.S. armed forces are not required to be lawfully admitted to or physically present in the United States.
E. Children of U.S. Government Employees and Members of the Armed Forces Employed or Stationed Abroad
Effective October 29, 2019, children residing abroad with their U.S. citizen parents who are U.S. government employees or members of the U.S. armed forces stationed abroad are not considered to be residing in the United States for acquisition of citizenship. Similarly, leave taken in the United States while stationed abroad is not considered residing in the United States even if the person is staying in property he or she owns.
Therefore, U.S. citizen parents who are residing outside the United States with children who are not U.S. citizens should apply for U.S. citizenship on behalf of their children under INA 322, and must complete the process before the child’s 18th birthday. The child of a member of the U.S. armed forces accompanying his or her parent abroad on official orders may be eligible to complete all aspects of the naturalization proceedings abroad. This includes interviews, filings, oaths, ceremonies, or other proceedings relating to naturalization.
Applications filed on or after October 29, 2019 are subject to this policy. The policy in place before October 29, 2019 applies to applications filed before that date. Children who have already been recognized through the issuance of a Certificate of Citizenship as having acquired U.S. citizenship under INA 320 are not affected by this policy change.
Citizenship Through Naturalization
Naturalization is the process by which U.S. citizenship is granted to a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA).
How to Apply for Naturalization
If you are not a U.S. citizen by birth, or did not acquire or derive U.S. citizenship automatically after birth, you may still be eligible to become a citizen through the naturalization process. To apply for naturalization, file Form N-400, Application for Naturalization.
Who Will Qualify For Naturalization
You will qualify for naturalization if:
• You have been a permanent resident (continuous residence) for at least 5 years and meet all other eligibility requirements.
• You have been a permanent resident (continuous residence) for 3 years or more and meet all eligibility requirements to file as a spouse of a U.S. citizen.
• You have qualifying service in the U.S. armed forces and meet all other eligibility requirements (see Citizenship For Military Members And Dependents below).
• Your child may qualify for naturalization if you are a U.S. citizen, the child was born outside the U.S., the child is currently residing outside the U.S., and all other eligibility requirements are met.
Continuous Residence
"Resided continuously" or "continuous residence" means the applicant has maintained residence within the United States for the required period of time. Extended absences outside of the U.S. may disrupt an applicant's continuous residence. Absences of more than six months but less than one year may disrupt an applicant's continuous residence unless the applicant can prove otherwise. And absences in excess of one year or more may disrupt an applicant's continuous residence.
Physical Presence
Applicants are required to show that they were:
• physically present in the U.S. for thirty months within the five year period before applying, or
• physically present in the U.S. for eighteen months within the three year period before applying in the case of qualified spouses of U.S. citizens.
In addition, applicants are required to show they have resided for at least three months immediately preceding the filing of Form N-400 in the USCIS district or state where the applicant claims to have residency. See 8 CFR §316.2(a)(5) and §319.1(a)(5).
Exceptions To The Continuous Residence Requirement
Section 316, paragaphs (b), (c), and (f) of the Immigration and Nationality Act allows for certain exceptions to the continuous residence requirement for those applicants working abroad for:
• The United States government, including the Military
• Contractors of the United States government
• A recognized American institution of research
• A public international organization
• An organization designated under the International Immunities Act
If you seek to preserve your continuous residence for naturalization purposes while employed abroad by one of these recognized institutions, you must file Form N-470, Application to Preserve Residence for Naturalization Purposes with USCIS.
An organization may obtain USCIS recognition as an American institution of research for the purpose of preserving the continuous residence status of its employees who are, or will be, naturalization applicants assigned abroad for an extended period of time. The requesting organization should follow the instructions found on the Requesting Recognition as an American Institution of Research page.
Naturalization For Spouses Of U.S. Citizens
To be eligible for naturalization under Section 319(a) of the Immigration and Nationality Act (INA), an applicant must:
• Be 18 or older
• Be a permanent resident (Green Card holder) for at least 3 years immediately preceding the date of filing Form N-400, Application for Naturalization
• Have been living in marital union with the U.S. citizen spouse, who has been a U.S. citizen during all of such period, during the 3 years immediately preceding the date of filing the application and up until examination on the application
• Have lived within the state, or USCIS district with jurisdiction over applicant's place of residence, for at least 3 months prior to the date of filing the application
• Have continuous residence in the United States as a lawful permanent resident for at least three years immediately preceding the date of filing the application
• Reside continuously within the United States from the date of application for naturalization until the time of naturalization
• Be physically present in the United States for at least 18 months out of the 3 years immediately preceding the date of filing the application
• Be able to read, write, and speak English and have knowledge and an understanding of U.S. history and government (also known as civics)
• Be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during all relevant periods under the law
Spouses Of U.S. Citizens Employed Abroad
Generally, the spouse of a U.S. citizen who is employed by the U.S. government (including the military) or other qualifying employer, whose spouse is scheduled to be stationed abroad in such employment for at least 1 year at the time of filing, may be eligible for naturalization under Section 319(b) of the INA.
In general, a spouse of a U.S. citizen employed abroad must be present in the United States pursuant to a lawful admission for permanent residence at the time of examination on the naturalization application and at the time of naturalization, and must meet all of the requirements listed above except that:
• No specific period as a permanent resident (Green Card holder) is required (but the spouse must be a permanent resident
• No specific period of continuous residence or physical presence in the United States is required
• No specific period of marital union is required; however, the spouses must be in a valid marriage at the time of filing until the time of naturalization.
You must also establish that you will depart abroad immediately after naturalization and that you intend to reside in the United States immediately upon the termination of your spouse's employment abroad.
The Naturalization Test
Most naturalization applicants are required to take a test on:
• English
• Civics (U.S. history and government)
Naturalization Through Military Service
Eligibility
If you meet all of the requirements of either section 328 or 329 of the INA, you may apply for naturalization by filing Form N-400 under the section that applies to you. You will not have to pay any fees for applying for naturalization under INA 328 or 329. As a member or veteran of the U.S. military, certain other naturalization requirements may not apply to you; for example, if you are currently active duty you may not have to reside in or be physically present in the U.S. for any length of time before you apply for naturalization. The requirements for naturalization are explained in greater detail below.
One Year of Military Service During Peacetime
If you served honorably in the U.S. armed forces for at least one year during a period of peacetime, you may be eligible to apply for naturalization. While some general naturalization requirements apply under INA 328, other requirements may not apply or are reduced. To establish eligibility under INA 328, you must:
• Have served honorably, during a period of peacetime, in the U.S. armed forces for a period or periods totaling one year;
• Have submitted a completed Form N-426, Request for Certification of Military or Naval Service, at the time of filing the N-400 to demonstrate honorable service;
• Be a lawful permanent resident at the time of your naturalization interview;
• Meet certain residence and physical presence requirements;
• Demonstrate the ability to read, write, and speak English;
• Demonstrate knowledge of U.S. history and government;
• Demonstrate good moral character for at least five years before filing your N-400 through the day you naturalize; and
• Demonstrate an attachment to the principles of the U.S. Constitution.
Service During Periods of Hostility
INA 329 applies to all current military service members or veterans who served honorably in an active-duty status or in the Selected Reserve of the Ready Reserve during any of the designated periods of armed conflict listed below:
• Sept. 1, 1939 – Dec. 31, 1946
• June 25, 1950 – July 1, 1955
• Feb. 28, 1961 – Oct. 15, 1978
• Aug. 2, 1990 – April 11, 1991
• Sept. 11, 2001 – present
Applying For Naturalization
Many military installations have a designated USCIS liaison to help you with the naturalization application process. These liaisons are typically assigned to the installation’s community service center. Place your request through your chain of command to obtain a certification of your honorable military service on Form N-426, Request for Certification of Military or Naval Service. If you have already separated from the U.S. armed forces, you may submit an uncertified Form N-426 with a photocopy of your DD Form 214, Certificate of Release or Discharge from Active Duty, or NGB Form 22, National Guard Report of Separation and Record of Service, for the applicable periods of service listed in Form N-426. Mail your completed application and all required materials to:
USCIS
P.O. Box 4446
Chicago, IL 60680-4446
USICS will review your application and conduct required security checks, which include obtaining your fingerprints. This can be done in one of the following ways:
• If you were fingerprinted for a previous immigration application, we will use these fingerprints, if available.
• If stationed abroad, you may submit two properly completed FD-258 fingerprint cards and two passport-style photos taken by the military police or officials with the Department of Homeland Security, U.S. embassy, or U.S. consulate.
• If you have questions regarding your biometrics, you can contact the Military Help Line at 877-CIS-4MIL (877-247-4645, TTY 800-877-8339) or militaryinfo@uscis.dhs.gov.
To help you in the process, USCIS allows you to submit your fingerprints at an application support center before you file your Form N-400. Be sure to include your A-Number and show your unexpired military ID card or Delayed Entry Program ID card.
USICS will review your application and send it to a USCIS field office to schedule you for an interview. You can request an interview at a specific office in a cover letter attached to your application or leave the choice of location to USCIS.
The field office will schedule your interview to review your eligibility for naturalization and test your knowledge of English and civics. If USCIS finds that you are eligible for naturalization, they will inform you of the date you can take the Oath of Allegiance and become a U.S. citizen.
Forms
You must complete and submit:
• N-400, Application for Naturalization
• N-426, Request for Certification of Military or Naval Service (The military must certify this form before you send it to USCIS unless you are separated from the military at the time you file your Form N-400. In that case, you may submit an uncertified Form N-426 with your DD Form 214 or NGB Form 22.)
Posthumous Citizenship for Military Members
Generally, individuals who served honorably in the U.S. armed forces and died as a result of injury or disease incurred while serving in an active-duty status during specified periods of military hostilities may be eligible for posthumous citizenship under section 329A of the INA.
You must file Form N-644, Application for Posthumous Citizenship, on behalf of the deceased service member within 2 years of their death. Upon approving the application, we will issue a Certificate of Citizenship in the name of the deceased veteran establishing posthumously that they were a U.S. citizen on the date they died.
Other provisions of the law extend immigration benefits to the service member’s surviving spouse, children, and parents.
Naturalization Ceremonies
If USCIS approves your Form N-400, Application for Naturalization, we will schedule you to take the Oath of Allegiance at a naturalization ceremony. Taking the oath will complete the process of becoming a U.S. citizen.
Types of Ceremonies:
• In a judicial ceremony, the court administers the Oath of Allegiance.
• In an administrative ceremony, USCIS administers the Oath of Allegiance.
When You Become a U.S. Citizen
Once you become a U.S. citizen, you can do the following:
Apply for a U.S. Passport/Passport Card
We strongly recommend that you apply for a U.S. passport through the U.S. Department of State soon after you take the Oath of Allegiance. Please allow sufficient time between your naturalization ceremony and any planned travel to receive your passport.
In addition to your Certificate of Naturalization, a U.S. passport serves as official proof of citizenship. You will get an application for a U.S. passport at your naturalization ceremony in the U.S. Citizenship Welcome Packet. It is also available at most U.S. Post Offices or via the web at travel.state.gov.
You will need to submit your original certificate of naturalization or citizenship AND a photocopy when applying for your U.S. passport. USCIS does not prohibit photocopies of certificates when providing proof of U.S. citizenship to the Department of State.
Register to Vote
Voting in federal elections is both a right and a responsibility that comes with U.S. citizenship. After you take the Oath of Allegiance at an administrative ceremony, you will have the opportunity to register to vote. At administrative naturalization ceremonies, forms may be distributed by a state or local government election office, a non-governmental organization, or a USCIS official.
If a non-governmental organization assists you in registering to vote at a USCIS naturalization ceremony, that organization may collect and submit your form to the appropriate Election Official, but it is not permitted to retain any of your personal information. Please notify your local USICS office if you believe that an organization has retained and used your personal information after assisting you with a voter registration application at a USCIS naturalization ceremony.
You may register to vote at other locations in your community, which may include post offices, motor vehicle offices, county boards of election, and offices of your state Secretary of State.
Update your Social Security Record
After your naturalization ceremony, you should update your Social Security record at a local office of the Social Security Administration (SSA). Please wait at least ten days after your ceremony before going to the SSA to ensure that data reflecting your naturalization has been updated.
You will need your Certificate of Naturalization or U.S. passport when you visit the SSA to update your record. To find your local Social Security office, visit socialsecurity.gov.
Dual Citizenship/Dual Nationality
Section 101(a)(22) of the Immigration and Nationality Act (INA) states that “the term ‘national of the United States’ means (A) a citizen of the United States, or (B) a person who, though not a citizen of the United States, owes permanent allegiance to the United States.” Therefore, U.S. citizens are also U.S. nationals. Non-citizen nationality status refers only individuals who were born either in American Samoa or on Swains Island to parents who are not citizens of the United States.
The concept of dual nationality means that a person is a national of two countries at the same time. Each country has its own nationality laws based on its own policy. Persons may have dual nationality by automatic operation of different laws rather than by choice. For example, a child born in a foreign country to U.S. national parents may be both a U.S. national and a national of the country of birth. Or, an individual having one nationality at birth may naturalize at a later date in another country and become a dual national.
U.S. law does not mention dual nationality or require a person to choose one nationality or another. A U.S. citizen may naturalize in a foreign state without any risk to his or her U.S. citizenship. However, persons who acquire a foreign nationality after age 18 by applying for it may relinquish their U.S. nationality if they wish to do so. In order to relinquish U.S. nationality by virtue of naturalization as a citizen of a foreign state, the law requires that the person must apply for the foreign nationality voluntarily and with the intention to relinquish U.S. nationality. Intent may be shown by the person’s statements and conduct.
Dual nationals owe allegiance to both the United States and the foreign country. They are required to obey the laws of both countries, and either country has the right to enforce its laws. It is important to note the problems attendant to dual nationality. Claims of other countries upon U.S. dual-nationals often place them in situations where their obligations to one country are in conflict with the laws of the other. In addition, their dual nationality may hamper efforts of the U.S. Government to provide consular protection to them when they are abroad, especially when they are in the country of their second nationality.
U.S. Nationals—Including Dual Nationals—Must Use A U.S. Passport To Enter And Leave The United States
U.S. nationals must use a U.S. passport to enter and leave the United States. Dual nationals may also be required by the foreign country to use its passport to enter and leave that country. Use of the foreign passport to travel to or from a country other than the United States is not inconsistent with U.S. law.
In Texas, as in all states, U.S. citizenship can be obtained either by birth or through naturalization. Individuals born in the U.S. or to U.S. citizen parents generally acquire citizenship at birth. For children born abroad to U.S. citizens, citizenship can be acquired automatically if certain conditions are met, such as having at least one U.S. citizen parent who has lived in the U.S. prior to the child's birth. If these conditions are not met, children can still apply for naturalization or a Certificate of Citizenship once they meet residency requirements. Adults seeking naturalization must have been permanent residents for at least 3-5 years, demonstrate English proficiency, knowledge of U.S. history and government, and possess good moral character. Exceptions are made for members of the U.S. military and spouses of U.S. citizens. After naturalization, individuals can enjoy full citizenship benefits, including applying for a U.S. passport, registering to vote, and updating Social Security records. Dual nationals are required to use a U.S. passport when entering or leaving the United States but may also have obligations to their other country of nationality.
