Nations are independent. Among other things, this means that they have the right to decide who is a citizen of their country, and who is not. Citizenship is the status of being a citizen of a particular country. In this Culture Focus, we’ll take a quick look at the basics of U.S. citizenship.
How does a person get U.S. citizenship?
There are two basic ways to be a U.S. citizen: 1) by birth, and 2) by naturalization.
Citizenship acquired by birth. With few exceptions, a child born in the U.S. is assumed to be a U.S. citizen. If the child is born abroad and the parents are married U.S. citizens, then the baby is a U.S. citizen as well. If only one parent is a U.S. citizen, or the parents are not married, then the law is a little more complicated, but if certain extra requirements are met, the child can be considered a U.S. citizen.
Citizenship acquired through naturalization. If a person does not have citizenship granted at birth, then they may get citizenship through a legal process, called naturalization. Certain requirements must be met for a person to become a naturalized U.S. citizen:
- The person applying for U.S. citizenship must be at least 18 years old.
- He must be a legal permanent resident of the U.S. (have his “green card”) for at least 5 years at the time of his application (at least 3 years if he is married to a U.S. citizen).
- He must have been in the U.S. for at least 30 months out of the past 60 months prior to his application.
- He must not have been outside the U.S. for more than 6 continuous months.
- He must be of “good moral character.”
- He must pass a citizenship test.
- He must have a working knowledge of English.
- He must pass an in-person interview.
Can U.S. citizenship be lost?
A person 18 years or older may lose his U.S. citizenship if he performs an “expatriating act,” such as:
- He becomes naturalized in a foreign state.
- He serves in the armed forces of another country.
However, the key distinction is that these acts are willful – that is, they are done with the intention of relinquishing his U.S. nationality. Because of this flexibility, it is possible to have dual citizenship (citizenship in two countries at the same time) if the person indicates that he did not intend to give up his American citizenship despite acquiring a second citizenship.
Another way to lose U.S. citizenship is by being convicted of treason. This is obviously more serious than the above instances, and is not something that is likely to happen “accidentally.”
Note: The above is intended merely as a guide providing general information. It is not to be construed as giving legal advice. For specific information and/or legal help, please consult an immigration attorney.