Pathways to US Citizenship: Celebrating Constitution Day and Citizenship Day

On September 17, the United States celebrates Constitution Day and Citizenship Day. Fragomen is committed to providing high-quality pro bono services to individuals who cannot afford legal services. Throughout the year, Fragomen attorneys participate in citizenship clinics across the country. In addition, Fragomen partners with several organizations to provide individual representation for certain citizenship applications.

Becoming a United States citizen is a milestone that offers numerous benefits along with important responsibilities.

As a citizen, individuals gain the right to vote in federal and state elections, obtain a U.S. passport for international travel, live abroad for uninterrupted periods of time without risking their U.S. residency, run for elected office, work for certain federal agencies and access government benefits and protections not available to non-citizens.

However, with these privileges come key responsibilities, such as obeying laws, paying taxes, serving on a jury if called upon, and, in some cases, defending the country.

Immigration Trends

U.S. Citizenship and Immigration Services published that during the last decade, the U.S. has welcomed more than 7.7 million individuals as naturalized citizens.

USCIS has also reported an increase in naturalizations of new Americans in recent years. During the fiscal year of 2023 alone, the U.S. welcomed 878,500 new citizens. Naturalizations in fiscal years 2022 and 2023 accounted for nearly 24% of all naturalizations throughout the past decade.

There are several ways a person can obtain U.S. citizenship. Most people are familiar with the naturalization process, where an immigrant can apply for citizenship after holding U.S. permanent residency for at least five years, along with meeting other requirements.

However, there are other, lesser-known avenues, such as when a minor child derives citizenship from a U.S. naturalized parent.

Popular Ways to Become a U.S. Citizen

Birthright Citizenship

Amendment XIV, Section 1, Clause 1 of the U.S. Constitution states that all individuals born in the United States are U.S. citizens, regardless of their parents' immigration status. There could be some exceptions.

For example, if a child is born in the United States to foreign diplomatic officers, the child would not be a U.S. citizen or fall under the jurisdiction of the United States.

If an individual is born on foreign soil to a U.S. parent(s), this person could have claim to U.S. citizenship. Individuals born abroad to married U.S. citizen parents can acquire U.S. citizenship at birth if at least one parent resided in the United States or its outlying possessions before the child's birth.

Both married parents do not need to be U.S. citizens for a child born abroad to acquire U.S. citizenship at birth. A child born outside the United States to one U.S. citizen parent and a non-U.S. citizen parent may acquire U.S. citizenship at birth if the U.S. citizen parent was physically present in the U.S. or its outlying possessions for at least five years before the child's birth, with at least two of those years occurring after the parent turned 14. The law further requires that the U.S. citizen parent to be the child’s gestational or genetic parent, and the legal parent at the time of the child’s birth.

Children born on or before June 11, 2017, to an unmarried U.S. citizen mother, may also have a claim to U.S. citizenship if the U.S. mother was physically present in the United States or one of its territories for one continuous year before the child’s birth. Children born on or after June 12, 2017, to an unmarried U.S. citizen mother, may acquired U.S. citizenship if the mother was physically present in the United States or its territories for a period of five years, two of which were after the age of 14 and prior to the child’s birth.

There is an additional requirement for children born on foreign soil, out of wedlock and to a U.S. citizen father instead of a U.S. citizen mother. The child may have a claim to U.S. citizenship if the father held U.S. citizenship at the time of the child’s birth and if the father was physically present in the United States or one of its territories for five years, two of which were after the age of 14.

Additionally, paternity must be acknowledged by the U.S. citizen father, and he must agree in writing to provide financial support for the child until the child reaches the age of 18.

Naturalization

A legal permanent resident of the United States can apply for U.S. citizenship through naturalization if they meet all the requirements and qualifications.

Some of the general requirements to become a naturalized U.S. citizen are as follows:

• The person must be at least 18 years of age;
• The person applying needs to have held lawful permanent residency for at least five years, or three years if married to a U.S. citizen;
• The person applying needs to have been physically present in the United States for at least 18 months out of the last three years. It is important for individuals looking to apply for U.S. citizenship to keep track of their international trips and the time spent outside of the country;
• The person applying must be able to read, write and speak basic English, unless they qualify for a language exception through age, time as an LPR or disability;
• The person applying must have a basic understanding of U.S. history and the U.S. government;
• The person applying must demonstrate an attachment to the principles and ideals of the U.S. Constitution; and
• The person applying must demonstrate good moral character.

It is important for someone considering applying to U.S. citizenship to consult with an experienced immigration attorney, particularly if the person has a criminal record or history, has presented false information to the government, voted in prior elections, issues with prior tax filings or affiliations with foreign organizations or governments.

Derived Citizenship Through a Naturalized Parent

A child can automatically derive citizenship from a naturalized U.S. citizen parent if the following requirements are met:

• The child has a parent who has become a U.S. citizen (adoptive parents are also included);
• The child is under 18 years of age at the time of the parent’s naturalization;
• The child holds U.S. legal permanent residency; and
• The child is physically present in the United States and in the legal custody of the U.S. citizen parent.

It is recommended for children who have derived automatic citizenship through a naturalized U.S. citizen parent to also file for a U.S. naturalization certificate. This document could serve as a supporting document if their U.S. citizenship is ever challenged.

Adoption

If a child is adopted by a U.S. citizen parent before the age of 16, the child may automatically derive citizenship.

Military Service

Serving in the U.S. military can expedite the path to citizenship, offering a faster route for immigrations who qualify compared to other pathways.

While some general naturalization requirements under the Immigration Nationality Act apply, current or former members of the U.S. military can be exempt of certain requirements like the requirement of physical presence in the United States. Another important requirement is to have served honorably in the U.S. armed forces for at least one full year at any time.

Need to Know More?

There might be other ways in which a person can derive U.S. citizenship not discussed in this blog. As always, consulting with an experienced immigration attorney is crucial to understanding the nuances of naturalization and ensuring a successful application process.

For more information on pursuing naturalization, please contact Partner Margaret Saselu at [email protected] and Associate Ana Gabriela Urizar at [email protected].

This blog was published on September 16, 2024, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, X, Facebook and Instagram.