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Citizenship by Birth

The Fourteenth Amendment to the U.S. Constitution provides that anyone born in the United States and subject to its jurisdiction is a citizen of the United States. However, children born to foreign diplomats in the U.S. are not citizens of the U.S. because their parents are not subject to the jurisdiction of the United States but they may become lawful permanent residents upon birth in the United States.

Acquisition of Citizenship

A child born outside the United States may acquire U.S. citizenship because of the citizenship status of one or both of the child’s parents if certain requirements are satisfied.

Derivative Citizenship.

A child who is a lawful permanent resident can derive U.S citizenship because one or both parents is a United States citizen or becomes U.S. citizen by naturalization if certain requirements are satisfied.

Section 322 Citizenship for Children

This section of the INA provides a process for obtaining a certificate of citizenship for a child including adopted children but not step-children.

Five basic requirements must be satisfied to qualify for citizenship under this section. For adopted children, the requirements are the same provided the child was adopted under the age of 16.

At the time the child is admitted to citizenship the child must be unmarried and under 18 years.

Naturalization

A lawful permanent resident can become a U.S. citizen by naturalization. There are nine requirements to naturalize as follows:

• Must be LPR but those who serve honorably in the US armed forces can naturalize without being LPR;
• At least 18 years old;
• Be of good moral character for the requisite period-5 years or 3 years for those married to USC:
• Have been residing in the US for the requisite period.
• Be physically present in the US for at least half of the requisite period;
• Has not disrupted continuity of residence;
• Be able to read and write English;
• Pass U.S. history and government;
• Believe in the principles of the U.S. Constitution and take an oath of loyalty to the United States.

Call 561-847-4798 to set up a consultation for us to evaluate your immigration case. Our experienced immigration attorney will examine your situation, the applicable immigration laws, how he can help you, and the likelihood of success.