Foreign nationals outside the United States can seek ways to become U.S. citizens.
By Lyle Therese A. Hilotin-Lee, J.D. | Legally reviewed by Meagan Neil, Esq. | Last reviewed July 11, 2024
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The U.S. immigration system, governed by the federal government and agencies like the Department of Homeland Security (DHS), provides different avenues to acquire citizenship through birth, blood, and naturalization.
A person born in the United States or to at least one U.S. citizen parent can acquire U.S. citizenship by birth or blood. Conversely, immigrant visas can also lead to citizenship through naturalization. Naturalization is a process where you can acquire U.S. citizenship regardless of whether you have a U.S. Citizen family member.
FindLaw's U.S. Citizenship section covers citizenship basics, what it means to have a legal status, what to expect when taking the citizenship test, and in-depth information about the naturalization process. It also includes links that contain the fact sheet of U.S. citizenship examination questions, naturalization requirements, and more.
A child born in the United States or one of its territories acquires U.S. citizenship by birth. This concept is also known as jus soli. With this concept, individuals born in any of the 50 states, Puerto Rico, Guam, and the U.S. Virgin Islands, are U.S. citizens by birth. A few exceptions apply to children born to a foreign government official or diplomat while working in the United States.
If you have received any of the documents below, you may start your application for a U.S. passport:
Once you have these documents, you can apply for a U.S. passport as proof of citizenship.
Adoption by an American parent does not automatically give a legal status as a U.S. Citizen. A child who entered the U.S. on an International Adoption Visa (IR4 visa) will acquire U.S. citizenship once the adoption is finalized.
Dual citizenship means that a person is a citizen of two countries simultaneously. Thus, they have the rights and obligations to both countries. Technically, the United States does not recognize dual citizenship. However, it also doesn't take a stand against dual citizenship or do anything to prevent a migrant from acquiring or maintaining it.
Some of the acts that can lead to a loss of citizenship include:
Most countries take a similar approach, but some countries will revoke your citizenship if you acquire U.S. citizenship. Whether you acquire citizenship by birth, blood, or naturalization, if you have dual citizenship, you have to observe the following:
U.S. immigration laws do not require their citizens to choose between U.S. citizenship and other nationality. Thus, you may naturalize in a foreign country without risk of losing your U.S. citizenship.
FindLaw's U.S. Citizenship section covers citizenship basics, what it means to have a legal status, what to expect when taking the citizenship test, and in-depth information about the naturalization process. It also includes links that contain the fact sheet of U.S. citizenship examination questions, naturalization requirements, and more.
The U.S. government, through the U.S. Department of State, offers a wide range of immigrant and nonimmigrant visas to individuals looking to travel to the U.S. either temporarily or permanently. Nonimmigrant visas are often issued for tourism, business, governmental or academic purposes. They can also issue employment-based visas for temporary workers. Asylum seekers may also enter with nonimmigrant visas and apply for asylum after entering. They can also apply for asylum at ports of entry. However, nonimmigrants, including asylees, do not automatically qualify for U.S. citizenship. Asylees and U visa holders can qualify for permanent residence, which would allow for naturalization after five years as a permanent resident.
In contrast, the U.S. government issues immigrant visas to individuals who want to stay permanently in the country. Immigrant visas can lead to citizenship. Family-based visas focus on family reunification, particularly the immediate relatives of a U.S. citizen or permanent resident.
The Deferred Action for Childhood Arrivals (DACA) is an immigration policy for undocumented individuals who arrived in the U.S. as children. They can request consideration for two years, provided they meet specific considerations. They may also be eligible to seek application for work authorization. However, DACA alone does not give a direct path to U.S. Citizenship. DACA recipients have to undergo other immigration avenues, such as obtaining an LPR status, first before they can be eligible for naturalization. With potential legislation through Congress, this could one day change.
Lawful permanent residents (LPR) or green card holders can also apply for U.S. citizenship through naturalization. Non-citizens who have had a valid green card for at least five years (three years for spouses of U.S. citizens), non-citizens who served in the U.S. military, and children of U.S. citizens typically qualify for U.S. citizenship. However, they should meet other eligibility requirements for citizenship application. Included among the requirements for U.S. citizenship are as follows:
Becoming a U.S. citizen through naturalization includes paperwork, background checks, an interview, testing, and an oath of allegiance. Applicants for naturalization often complete the process without legal help, but some cases require the assistance of an immigration attorney.
The following articles can also help you understand your eligibility for naturalization.
The naturalization examination is composed of four parts. The speaking, reading, and writing tests all determine English language capabilities. The civics portion tests the applicant's understanding of U.S. history, government, and the legal system.
Naturalized U.S. citizens enjoy all the same rights and privileges available to natural-born citizens with some exceptions, including the ability to run for President. In return, citizens must uphold the U.S. Constitution and submit to other obligations of citizenship.
Becoming a U.S. citizen is no small task. Consider meeting with an immigration attorney if you need legal assistance.
Citizenship is rarely lost. Natural-born U.S. citizens may renounce their citizenship but cannot have it revoked. However, in limited circumstances, naturalized citizens may be denaturalized. Denaturalization may occur for several reasons, including the following:
Living in a new country and acquiring citizenship can be overwhelming. You may encounter legal challenges that would require professional help. To make the process more manageable, it is recommended that you seek legal advice from an immigration law attorney. They can assist you with understanding the legal immigration process of acquiring U.S. citizenship. With their experience in navigating immigration policies, they can look at your immigration status and seek the best possible option for you.
Learning more about the steps and the requirements will avoid denial of your application or potential deportation. Contact an immigration attorney near you.
