USA Citizenship

US Citizenship is the position and privilege awarded to a legally recognized member of its country. There are many rights that are common to both citizens as well as non citizens and there is much that they can gain from the US constitution. However, certain duties, privileges and rights can only be enjoyed when you own a citizenship in the USA, like the right to vote. Also possessing a US passport is an additional benefit of US citizenship. This is because the US passport enables its holders to fly abroad and also avail the US security and assistance while abroad.

Get Out Of Debt Now! Click Here!

Benefits of USA Citizenship
The prestigious United State Passport and the assistance available for it from the US embassies are only possible for a US citizenship holder. Moreover citizens are allowed to sponsor family members, through which legal immigration and the claiming of a green card becomes much easier to them. A US citizenship holder also has the right to enter the country without being questioned, since denial of a citizen’s entry is illegal, unless prohibited for special legal reasons. What’s more is that the children of US citizens are also entitled as citizens of the US by birth even if they have been born out of the country.

Citizenship also reduces the fear of deportation, as a US citizen cannot be removed from the USA unless he or she has violated certain laws that call for such a thing. There are no restrictions for long trips outside the United States or for the taking up of residence outside the USA for citizenship holders. A US citizenship holder also enjoys the right to vote and receive federal and government jobs. It is the US citizens who possess the right to apply for federal and state benefits.

Citizenship also reduces the trouble to reapply or renew visas, as it does not expire once citizenship is obtained and often US passport holders have been waived for visa requirements by several countries. In fact, in the United States citizenship is valued as something more than permanent residency as it also offers the maximum rights one could avail from the United States.

Eligibility to Become a US Citizen
Citizenship through naturalization is the most common method to attain US citizenship. A person belonging to another nationality is eligible for US citizenship when he or she has resided permanently for at least five consequent years or more without being physically absent from the country for more than six months continuously. Apart from this, there are other options like citizenship through birth, citizenship through parents and citizenship through adoption.

Citizenship through birth insists that any child born in the United States, acquire a US citizenship even if the mother happens to be an illegal resident of the United States. This however does not apply for those children whose parents are foreign diplomats at the time of birth. Citizenship through parents is applicable for children who have at least one parent as a US citizen at the time of its birth, even if they have not been born within the USA. Also, citizenship through adoption is possible for children below 18 years of age.

Though there are several ways offered by the United States to become its citizen, the three primary ways followed by the majority of citizens are, firstly naturalization, secondly right of birthplace and thirdly by right of blood. Other common ways to become a US citizen is via posthumous citizenship, Doctrine of constructive retention and Doctrine of double constructive retention.

Naturalization Citizenship for the USA
Naturalization is the act of granting citizenship for foreigners who fulfill the requirements of the US congress in the Immigration and Nationality Act. Some of its general requirements are:

- A specific period of continuous physical presence and residence in the United States

- A good command over English that includes the ability to read, write and speak the language fluently.

- Sufficient knowledge about the history and civics of the USA is also essential
The applicant should have no current or past crime records. Good moral character plays a vital role in naturalization immigration.

- Obedience to the rules of the US constitution is necessary along with a favorable disposition towards the USA.

- There are certain requirements, which can be sometimes modified or waived for certain applicants such as spouses, or those who are closely blood related to other US citizens.

Naturalization is basically the way an immigrant can become a citizen. People who are 18 years and above are the ones who can apply for naturalization especially under “Application for Naturalization” commonly known as form N-400.

US Citizenship Application Process
It is always better to be clear about the eligibility requirement, the necessary instructions and all other information related to a US citizenship application, as it would make the entire application process much easier. Commonly, most people acquire a US citizenship through birth or being born within the United States.

However, the basic steps to apply for Citizenship would be approaching the United States Citizenship and Immigration Services (USCIS) and collecting the application form. It is very important to fill in the application form completely and honestly. This is because, in case of any dishonesty or falsehood found in the form, the applicant is declared ineligible and will be denied of citizenship.

The next step would be to submit the application form to USCIS along with two photographs according to the specified requirements of date, size and so on. The USCIS charges a specific amount as an application fee and may also in some special circumstances ask the applicant to submit certain collaborating documentation if required. After the application formalities are completed, a fingerprint record session takes place eventually.

A short test or demonstration is required in order to find out about the applicant’s basic command over the English language takes place. It is also necessary for the applicant to pass a history and civics test about the US government. The final process would be to answer questions about the applicant’s back ground, provide residential information and provide approval by showing willingness to take an oath of allegiance to the USA, along with submitting evidence to support the application of citizenship.

Duties of the United States Citizenship and Immigration Services (USCIS)
The USCIS basically provides the necessary information required for a citizenship applicant and guides them whenever they require assistance or have a query to be clarified. The USCIS also supplies the application forms. Once the application formality is all completed from the applicant’s side, it is left to the USCIS decision, whether to approve, deny or leave in a pending status, the request for citizenship that has come to them.

If citizenship is approved, the applicants must take the oath of allegiance as per the date allocated to them when they are notified via mail or telephone. Under the circumstance of the request being denied, the applicants are informed through mail about the reason for their denial and are also given information about the process of how to appeal the denial if they should feel it is unfair.

Requests sometimes remain in pending status, neither being approved nor denied. This status continues until some inconsistencies or issues in the application have been resolved. Even if the application is granted, one cannot claim to be a complete citizen until he or she takes the oath of allegiance. It is only after this ceremony a citizen is eligible to possess a US passport.

Green Card versus USA Citizenship
Many people are confused about the difference between a green card holder and a US citizen. Many people believe them to be one and the same. However, this is not true as there is a wide range of differences of the privileges enjoyed by both categories of people. Holding a green card in the US means eligibility for permanent residency, whereas Citizenship includes permanent residency as well as a few privileges in addition to this.

Citizenship, in fact promises its holders the maximum rights available in the USA. It is very much a necessity for green card holders to have stayed permanently for a specific number of years in the US as a resident in order to avail citizenship. It is advantageous for a United States citizen to use a US passport while traveling abroad and enjoy the assistance of the US embassy, where as green card holders ought to use their native passports.

Green card holders also have to suffer certain restrictions against traveling abroad for longer periods of time and cannot take very long vacations and so on. It is also necessary to renew the green card every 10 years at a nominal fee, whereas Citizenship once acquired, never expires. US passport holders have also been waived of Visa requirements in several countries, but in the case of green card holders, they have got to apply for visas in advance due to their native passports.

US Dual Citizenship
An individual being a citizen of two nations at the same time is what constitutes dual citizenship. There are also countries that support citizenship for three or even four nations and some other that do not even support dual citizenship. A baby born in the USA whose parents are citizens of another nation becomes a dual citizen of the US as well as a citizen of the nation of its parents. Likewise a baby born in another nation whose parents belong to the US also acquires a dual citizenship.

The US government is also one of the several agencies that support dual citizenship. Though USA doesn’t encourage this policy due for several reasons, it is a fact that a foreign citizen has no reason to forgo his or her citizenship while becoming a US citizen.

One must be aware of the responsibilities and obligations involved in dual citizenship along with its benefits before claiming it. He or she has to obey the rules and regulations of both countries along with serving and paying tax for both countries while claiming dual citizenship. This can be very confusing and hectic to manage at times but there is also the advantage of gaining beneficiary privileges from both countries as an advantage. Hence dual citizenship has its own pros and cons.

Deportation Against US Citizenship
Deportation is the act of forcing an individual to leave the USA against his or her will. These people who are deported are not allowed to stay in the United States and have to leave immediately. The USCIS has the power to deport any individual who resides in the US, but not a citizen of the country, unless it is under certain circumstances, like when they have acted against certain laws or have been existing in the US without the proper legal documents required.

Deportation is applicable on any kind of illegal act ranging from minor mistakes against law to heavy crimes like murder and so on. There are supporters for this act as well as those that are strongly against the deportation act. Supporters encourage the act by explaining the safety it provides from illegal immigrants and insist in the continuous deportation of illegal. And those who are against deportation urge the US to reconsider this act as it punishes people even for past crimes, in which case even a person who is a law abiding individual at present, might be punished for his past acts.

Reclaiming lost US Citizenship
Obtaining a US citizenship takes several years for a foreign resident. A foreigner first has to enter USA as a tourist or a student and then gradually acquire a work visa. The next step would be to get a green card through a relative or colleague and then wait for five years to apply for US citizenship.

There have been laws that granted US citizenship for babies born outside the US if one or both its parents are US citizens. But such laws have been modified and currently there are numerous retentions and new laws regarding immigration which causes great confusion to many. Such people who have lost their citizenship due to the retention of the law and the introduction of new laws are allowed to reclaim their citizenship legally.

In short, if the immigration status of anyone whose parent, grand parents or in-laws residing in the US indicates the legal opinion of their wish to live in the US, the applicant becomes eligible for immediate citizenship.


Local Articles
Legal
Home