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CITIZENSHIP OF THE UNITED STATES

Licensed by New York State Courts | Licenciado por los Tribunales del Estado de Nueva York

Naturalization

You can become a U.S. Citizen through Naturalization. Naturalization is the process by which U.S. citizenship is granted to a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA).

  • You can Apply for Naturalization if:
  • You have been a legal permanent resident for at least 5 years.
  • You have been a permanent resident for 3 years or more as a spouse of a U.S. citizen.
  • You have qualifying service in the U.S. armed forces.

Derived Citizenship

Children born out of the United States to a U.S. Citizen parent may qualify for derived citizenship if:

Child born abroad to one U.S. Citizen parent and one non-U.S. Citizen

A child born on or after November 14, 1986. A child born outside of the United States to one U.S. citizen parent and one non-U.S. citizen parent may be entitled to citizenship providing the U.S. citizen parent had been physically present in the United States or one of its outlying possessions for five years, at least two years of which were after s/he reached the age of fourteen. This period of physical presence must have taken place prior to the birth of the child.

A child born between December 24, 1952 and November 13, 1986. A child born outside of the United States to one U.S. citizen parent and one non-U.S. citizen parent, may be entitled to citizenship providing the U.S. citizen parent had, prior to the birth of the child, been physically present in the United States for a period of ten years, at least five years of which were after s/he reached the age of fourteen.

A person born abroad out of wedlock to a U.S. citizen mother and a foreign father on or before June 11, 2017, may acquire U.S. citizenship if the mother was a U.S. citizen at the time of birth of the person and if the mother was physically present in the United States or in one of her peripheral possessions for a continuous period of one year before the birth of the person.

A person born out of wedlock with a U.S. citizen mother and a foreign father as of June 12, 2017 can acquire U.S. citizenship at birth if the mother was a U.S. citizen at the time of the birth and was physically present in the United States or one of its peripheral possessions for a period of five years, two after fourteen years in accordance with Section 301 (g) of the INA.

 Child born abroad and out of wedlock to a U.S. citizen father

A child born outside the United States to a U.S. citizen parent where there is no marriage to the non-U.S. citizen mother is entitled to U.S. citizenship provided the U.S. citizen parent has been physically present in the United States during the   period   specified in previous paragraphs for children born in the marriage of a U.S. citizen and a non- U.S. citizen.

Children of U.S. citizens residing in the United States

Children who were born outside of the United States but now live in the United States can acquire citizenship.   A child born outside the United States automatically becomes a U.S. citizen when   they are met   all   the following conditions as of February 27, 2001:

  • The child has at least one parent, including an adoptive parent, who is a U.S. citizen by birth or by naturalization;
  • The child is under 18 years old;
  • The child is a legal permanent resident (LPR); and

The child resides in the United States under the legal and physical custody of the U.S. citizen parent.