Article I, section 8, clause 4 of the United States Constitution expressly gives the United States Congress the power to establish a uniform rule of naturalization. The Immigration and Naturalization Act sets forth the legal requirements for the acquisition of, and divestiture from, citizenship of the United States. The requirements have become more explicit since the ratification of the Fourteenth Amendment to the Constitution, with the most recent changes to statutory law having been made by the United States Congress in 2001.
Possession of citizenship
Rights of citizens
See also: Voting rights in the United StatesAdult citizens of the United States who are residents of one of the 50 states have the right to participate fully in the political system of the United States, as well as their state and local governments (with most states having restrictions on voting by persons convicted of felonies, and a federal constitutional prohibition on naturalized persons running for President and Vice President of the United States), to be represented and protected abroad by the United States (through U.S. embassies and consulates), and to reside in the United States and certain territories without any immigration requirements.
Responsibilities of citizens
Some U.S. citizens have the obligation to serve in a jury, if selected and legally qualified. Citizens are also required (under the provisions of the Internal Revenue Code) to pay taxes on their total income from all sources worldwide, including income earned abroad while residing abroad. Under certain circumstances, however, U.S. citizens living and working abroad may be able to reduce or eliminate their U.S. federal income tax via the Foreign Earned Income Exclusion and/or the Foreign Tax Credit. U.S. taxes payable may be alternatively reduced by credits for foreign income taxes regardless of the length of stay abroad. The United States Government also insists that U.S. citizens travel into and out of the United States on a U.S. passport, regardless of any other nationality they may possess.
Male U.S. citizens (including those living permanently abroad and/or with dual U.S./other citizenship) are required to register with the Selective Service System at age 18 for possible conscription into the armed forces. Although no one has been drafted in the U.S. since 1973, draft registration continues for possible reinstatement on some future date.
In the Oath of Citizenship, immigrants becoming naturalized U.S. citizens swear to defend the Constitution and laws of the U.S. and, when required by the law, to bear arms on behalf of the U.S. and/or perform noncombatant service.
Acquisition of citizenship
There are various ways a person can acquire United States citizenship, either at birth or later on in life.
Birth within the United States
Main article: Birthright citizenship in the United States of AmericaMain article: Jus soliThe Supreme Court has never explicitly ruled on whether children born in the United States to illegal immigrant parents are entitled to birthright citizenship via the 14th Amendment, although it has generally been assumed that they are. A birth certificate issued by a U.S. state or territorial government is evidence of citizenship, and is usually accepted as proof of citizenship.
In the case of United States v. Wong Kim Ark , 169 U.S. 649 (1898) , the Supreme Court ruled that a person who:
- Is born in the United States
- Whose parents, at the time of birth, are subjects of a foreign power
- Whose parents have a permanent domicile and residence in the United States
- Whose parents are there on business and not in any diplomatic or official capacity of the foreign power to which they are subject
...becomes, at time of birth, a citizen of the United States, by virtue of the first clause of the 14th amendment of the Constitution.
Through birth abroad to two United States citizens
See also: jus sanguinisA child is automatically granted citizen ship in the following cases:
- Both parents were U.S. citizens at the time of the child's birth
- At least one parent lived in the United States prior to the child's birth.
INA 301(c) and INA 301(a)(3) state, "and one of whom has had a residence." The FAM (Foreign Affairs Manual) states "no amount of time specified."
A person's record of birth abroad, if registered with a U.S. consulate or embassy, is proof of citizenship. They may also apply for a passport or a Certificate of Citizenship to have their citizenship recognized.
Through birth abroad to one United States citizen
For persons born on or after November 14, 1986, a person is a U.S. citizen if all of the following are true:
- One of the person's parents was a U.S. citizen when the person in question was born
- The citizen parent lived at least five years in the United States before the child's birth
- A minimum of two of these five years in the United States were after the citizen parent's 14th birthday.
INA 301(g) makes additional provisions to satisfy the physical-presence requirements for periods citizens spent abroad in “honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization”. Additionally citizens who spent time living abroad as the “dependent unmarried son or daughter and a member of the household of a person” in any of the previously mentioned organizations can also be counted.
A person's record of birth abroad, if registered with a U.S. consulate or embassy, is proof of citizenship. Such a person may also apply for a passport or a Certificate of Citizenship to have a record of citizenship. Such documentation is often useful to prove citizenship in lieu of the availability of an American birth certificate.
Different rules apply for persons born abroad to one U.S. citizen before November 14, 1986. United States law on this subject changed multiple times throughout the twentieth century, and the law is applicable as it existed at the time of the individual's birth.
For persons born between December 24, 1952 and November 14, 1986, a person is a U.S. citizen if all of the following are true :
- One of the person's parents was a U.S. citizen when the person in question was born
- The citizen parent lived at least ten years in the United States before the child's birth;
- A minimum of 5 of these 10 years in the United States were after the citizen parent's 14th birthday.
Naturalization
A person who was not born a U.S. citizen may acquire U.S. citizenship through a process known as naturalization.
Eligibility for naturalization
To become a naturalized United States citizen, one must be at least eighteen years of age at the time of filing, a legal permanent resident of the United States, and have had a status of a legal permanent resident in the United States for five years less 90 days before they apply (this requirement is reduced to three years less 90 days if they (a) acquired legal permanent resident status, (b) have been married to and living with a citizen for the past three years and (c) the spouse has been a U.S. citizen for at least three years prior to the applicant applying for naturalization.) They must have been physically present for at least 30 months of 60 months prior to the date of filing their application. Also during those 60 months if the legal permanent resident was outside of the U.S. for a continuous period of 6 months or more they are disqualified from naturalizing (certain exceptions apply for those continuous periods of six months to 1 year). They must be a "person of good moral character", and must pass a test on United States history and government Most applicants must also have a working knowledge of the English language. There are exceptions, introduced in 1990, for long-resident older applicants and those with mental or physical disabilities. This requirement for an ability to read, write, and speak English is not regarded as too difficult, since the test requires that applicants read and write in English.
Citizenship test
Applicants for citizenship are asked ten questions, and must answer at least six correctly. U.S. Citizenship and Immigration Services has published a list of 100 sample questions (with answers), from which the questions asked are always drawn. The full list of questions is in the "A Guide to Naturalization," available for free from the USCIS.
New naturalization test and interview
There is a new naturalization test that is being utilized for all N-400 applications filed on or after October 1, 2008. If the applicant filed the N-400 application before October 1, 2008 then the applicant may choose to take the new test or the old test. The new test examines the applicant's knowledge of American society and the English language. Sample questions and answers are published by the USCIS in English, Spanish, Chinese, Tagalog, and Vietnamese.
Besides passing the citizenship test: citizenship app
Citizenship Test US Naturalization Exam Online Study Guide
Citizenship Test - The Best Study Guide! Learn while you play! 100 Official questions, games & flash cards! Test your skill: FREE Citizenship Hangman
US Citizenship Application American Citizenship Test
Free US citizenship application forms and immigration forms, guides on the ... American Citizenship Test Interview Questions by State On-line interview test information of each state
Study for the Citizenship Test
An ebook study guide with citizenship questions just for your state. Printed copies of the ... Our US Citizenship Test exercises are customized for every state. I'm ready to order online ...
Citizenship Test: New Citizenship Questions, Pass Your Citizenship ...
US Citizenship Test: New Citizenship Questions and Answers - Online Classes, CD, MP3 Download, Study Guide
Sample INS Citizenship Questions
INS Citizenship Test Questions. The U.S. Citizenship and Immigration Services (USCIS) administers a test ... Also See: US Government Quick Study Guides A handy adjunct to the more ...
Online US Citizenship Practice Test
U.S. Citizenship Interview Test Study Resources: 1. US Citizenship Test Sample Questions 2. American Citizenship Test Information by State 3. American Citizenship Study Guide
Citizenship Test
Sample questions for US Citizenship Test. Training resources, information and practice materials.
US Citizenship Test
Prepare for the new, redesigned US Citizenship Test - N400 naturalization interview - practice ... 100 unique practice questions : Official Manual in PDF format : Timed real test ...
US Citizenship Test | Naturalization Exam
Download the complete guide to US citizenship test, also known as the naturalization exam. US Citizenship Test and Naturalization Exam questions and answers.
US Citizenship test: Free online quiz of US citizenship questions ...
Free online US Citizenship Test. Respond the quiz to know new set of citizenship questions to test immigrants reveled by The US government. All you what you have to know to pass ...