CITIZENSHIP:

An individual applying for citizenship must satisfy the following conditions: must have resided in the U.S. for a period of no less than 36 months in the last five years of which the final three months must be uninterrupted in one state; must prove continued residency from the beginning of the application until the day of the final interview with the United States Citizenship and Immigration Services; must be of good moral character; must be knowledgeable in spoken and written basic English language, U.S. history, and the functions of the United States government. Persons who have resided in the U.S. as lawful permanent resident over fifty years of age for over twenty years or who are over fifty five years old and have resided in the U.S. longer than fifteen years are exempt from the English language requirement.

The applicant for citizenship must have a true intent to live permanently in the United States; he risks having it revoked if he elects to live elsewhere than the U.S. immediately after receiving his citizenship or he obtained it in a fraudulent manner. When the citizenship test has been passed, the new American will swear allegiance to the U.S. Constitution during an official ceremony in front of a U.S. Federal District Court Judge or Immigration Officer.

PERMANENT RESIDENCY - 5 YEARS:

If applying for U.S. citizenship as a lawful permanent resident, the applicant must have been physically present in the U.S. for at least thirty months within five years preceding the date of filing the application. If the applicant is absent for six months or less, there is no break in the continuous residence requirement. If the applicant is absent for longer than six months but less than one year, there is a reputable presumption of abandonment of continuous residence for naturalization purposes. If the absence exceeds one year, the continuity of residence is broken.

MARRIAGE TO U.S. SPOUSE - 3 YEARS:

An alien, who has resided continuously in the U.S. for three years as a lawful permanent resident, has been married to the same U.S. citizen for three years, and whose citizen spouse has also been a citizen for three years is eligible for U.S. citizenship if all other conditions are satisfied.

U.S. DERIVATIVE NATIONALITY:

Certain persons born outside the U.S. to a U.S. citizen may acquire U.S. citizenship at birth if the parents meet certain requirements. Persons who acquire or derive citizenship automatically become U.S. citizens and do not have to file forms for citizenship or undergo naturalization. However, it is important that they obtain either a U.S. passport or a Certificate of Citizenship for proof of their status.

The requirements for citizenship have been changed many times. Normally, the law in effect at the time of birth will determine citizenship, while the law in effect at completion of the last required condition governs derivation of citizenship through naturalization of the parents. The rules also vary depending on whether the applicant is a legitimate, legitimated, or illegitimate child and whether born to a U.S. citizen mother or father. As a result of the Child Citizenship Act of 2000 (law came into effect on February 27, 2001), a child no longer needs to prove that his or her parents were legally separated or divorced if he or she is in the custody of one parent as he or she did under earlier law. Under the current version of the Immigration and Nationality Act a child (includes an adopted child) derives citizenship as long as:

  1. One parent is a citizen by birth or naturalization

  2. The child is under 18

  3. The child is a legal permanent resident and;

  4. The child is residing in the United States in the legal and physical custody of the citizen parent

Furthermore, Under U.S. law, a child born on U.S. soil (including: outlying possessions, Puerto Rico, Panama Canal Zone, Alaska, Hawaii, the Virgin Islands, and Guam) automatically acquires American citizenship unless the child is born to a foreign government official who is in the U.S. as a recognized diplomat. Anyone born with U.S. citizenship will retain it for life unless he or she performs some act to intentionally lose it, such as filing an oath of renunciation.