US Citizenship

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein there reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” - XIV Amendment to the U.S. Constitution.

Citizenship of children by birth

In the United States, nationality of children can derive from place of birth (i.e. jus soli) or ethnicity (i.e. jus sanguinis):

- Birth in the U.S.: all persons born in the U.S. are U.S. citizens regardless of the status of their parents (except for children of diplomats)

- Acquisition at birth: a child born outside the U.S. may be granted U.S. citizenship if one or both parents are U.S. citizen residents

- Derivation through naturalization of Parents: In 2000, Congress passed the Child Citizenship Act (CCA) permitting any child under the age of eighteen (18) who is adopted by a U.S. Citizen and immigrates to the United States to be granted immediate citizenship.

Naturalization

Naturalization: Process by which U.S. citizenship is conferred upon a foreign national after complying with the requirements established by Congress in the Immigration and Nationality Act (INA).

What are the requirements for administrative naturalization?

- Be a lawful permanent resident

- Be eighteen (18) years of age or older

- Residence and physical presence: reside continuously in the U.S. for at least five years (or three years for permanent residence obtained through marriage to a U.S. citizen) prior to filing

- Be capable to speak, read and write in English

- A knowledge and understanding of the fundamentals of the U.S. History as well as the principles and form of the U.S. government

- Attachment to the principles of U.S. Constitution

- Good moral character (alien showing he/she has never been convicted of murder or aggravated felony for five years or three years for an applicant married to a U.S. citizen or one (1) year for an applicant serving in the U.S. Armed Forces prior filing)

- Oath of Allegiance: an applicant shall swear to:

  • Support the Constitution and obey the laws of the United States
  • Renounce any foreign allegiance and/or foreign title
  • Bear arms for the U.S. Armed Forces or perform services for the U.S. government when necessary.

  • After acquiring U.S. Citizenship, you are granted the following rights:

    - The right to obtain a U.S. passport

    - The right to vote in the U.S. elections

    - The right to participate in federal programs like Social Security

    - The right to qualify for some security clearances.

    Law offices of Vanessa Elmaleh & Associates

    Citizenship and Immigration Legal Services, Inc. ( « CILS, Inc. » )

    Miami Florida Office: 407 Lincoln Road, Suite 12F, Miami Beach, FL 33139    |    Los Angeles California Office: 18455 Burbank Blvd, Suite 314, Los Angeles, CA 91356     |    San Francisco California Office: 1419 Broadway Alameda, San Francisco, CA 94510    |    Paris Office : 43 rue Mazarine, 75006 Paris, France

    Tel: (001) 305 538 0009 / 1 888 US VISA3 - Fax: (001) 305 534 8810