Becoming an American citizen carries both privileges, rights, and responsibilities. It's a big decision, but one about which many immigrants have thought strongly and for which they have made many sacrifices. Gopal Shah, an experienced Immigration attorney in the citizenship and naturalization process based in Berkeley, California, knows first-hand about U.S. citizenship's privileges, rights, and responsibilities. An immigrant himself, he knows the sacrifices families make to get here to become citizens. Contact his office today to learn more about how he can help you if you want to become a U.S. citizen.
How Can You Become a U.S. Citizen?
There are four ways to become a U.S. citizen: birth, acquisition, derivation, and naturalization.
1. Citizenship through Birth. The Fourteenth Amendment under the U.S. Constitution automatically grants citizenship to anyone born on U.S. soil, including anyone born in Puerto Rico, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands. When born with citizenship, citizenship cannot be taken away from you.
2. Citizenship through Acquisition. A child can acquire citizenship even if he or she is born outside the United States if one or both parents are U.S. citizens during birth.
3. Citizenship through Derivation. When a parent naturalizes, the children derive U.S. citizenship automatically when the parent naturalizes. Three requirements must be satisfied for children to become citizens through derivation:
- You must be unmarried and under 18.
- The child must be a U.S. lawful permanent resident.
- The child must have at least one parent who is a U.S. citizen (through the naturalization process).
- The child must reside with the US parent in the US (and the US parent must have legal and physical custody).
4. Citizenship through Naturalization. Naturalization is when non-citizens living in the United States voluntarily become U.S. citizens. The general requirements to become a naturalized citizen include the following:
- the applicant must be 18 years old or older; and
- the applicant must have been a permanent resident for five years or
- the applicant must have been a permanent resident for at least 3 years while married and living with a U.S. citizen spouse for at least 3 years or
- the applicant served or serves in the U.S. Armed Forces.
Naturalization is the most common way for a non-citizen to become a citizen. To start the naturalization process, a permanent resident must file Form N-400, Application for Naturalization.
Who is Eligible for Naturalization?
To be eligible to naturalize and become a U.S. citizen, you must have certain qualifications and requirements that go above and beyond what was listed above. In addition to your age and length of time you've been in the United States as a permanent resident, you must also:
- pass an English test, though there are exceptions;
- pass a civic and history test specific to the United States, though there are exceptions;
- have been physically present in the U.S. either continually or for the majority of the statutory period;
- be a person of good moral character;
- have lived in the state where you file the N-400 form for at least three months directly before applying; and
- support the U.S. Constitution and the United States government.
Though there is a form to complete, some people may think the process is relatively straightforward. That is true in part, but the process is also nuanced, and different rules may apply when different circumstances are present or arise. It's always important to seek the counsel of an experienced citizenship attorney to make sure you are eligible and that your application is completed fully, accurately, and persuasively.
What are the Steps to Citizenship?
The steps to citizenship include only a few – the waiting takes the longest. These steps include:
- Determining eligibility
- Completing the N-400 form
- Submitting the form along with the filing fee and supporting documentation
- Receiving a bio-metrics notice and appearing for a bio-metrics appointment
- Attending a naturalization interview, which includes the English test and a test on U.S. civics and history
- Receiving an oath mail notice informing you when and where your swearing-in ceremony will occur.
On the day of your swearing-in, you become a U.S. citizen.
Can U.S. Citizenship be Revoked?
Unlike those who become citizens by birth, naturalized citizens can have their U.S. citizenship revoked under certain circumstances, which include:
- You procured naturalization illegally, meaning you weren't eligible in the first place.
- You concealed a material fact or willfully misrepresented yourself, and naturalization was procured based on the concealment or misrepresentation.
- You are a member or affiliated with specific organizations, like the Communist Party, another totalitarian party, or a terrorist organization, within five years of naturalization.
- You were a member of the U.S. military but were dishonorably discharged before you served five years – examples of dishonorable discharge include desertion, sexual assault, or court-martial.
With respect to the above, mainly the first two reasons, it is very important to speak to an attorney. For example, you may think it is okay to conceal something you believe to be insignificant but later find out that it was a grave mistake that could cost you citizenship.
Contact an Experienced Immigration Attorney in California Today
The process of obtaining U.S. citizenship can be stressful and confusing. With the guidance of an experienced immigration attorney, the process can be more straightforward for you, more efficient overall, and likelier to succeed. Don't hesitate to contact Gopal Shah today at (510) 402-4570 to schedule a consultation to discuss becoming a U.S. citizen.