Citizenship and naturalization are related concepts but refer to different legal statuses and processes in the context of a country's nationality or membership.

Any person born within the territorial boundaries of the United States automatically becomes a U.S. citizen, regardless of the immigration status of their parents. This is established under the principle of "jus soli" (right of the soil) as enshrined in the 14th Amendment to the U.S. Constitution. Additionally, children born to U.S. citizen parents, either within or outside the United States, may acquire U.S. citizenship at birth through "jus sanguinis" (right of blood).

On the other hand, naturalization is the process by which foreign nationals or immigrants can become U.S. citizens. It is governed by the Immigration and Nationality Act (INA) and is a pathway for individuals who were not born as U.S. citizens but wish to become one.

Who Qualifies for Citizenship via Naturalization?

To be eligible for U.S. naturalization, an individual must meet certain criteria, including but not limited to:

• Being at least 18 years old. b. Being a lawful permanent resident (green card holder) for a specific period (usually 5 years, or 3 years if married to a U.S. citizen).
• Continuous residence in the U.S. for a specific period (usually 5 years, or 3 years if married to a U.S. citizen).
• Physical presence in the U.S. for a certain period (usually 30 months, or 18 months if married to a U.S. citizen).

The applicant should demonstrate good moral character, which means they should not have engaged in certain criminal activities or other disqualifying behaviors, as well as show their ability to read, write, and speak basic English and pass a civics test covering U.S. history and government.

Application Process for Naturalization

The individual must complete and submit Form N-400, Application for Naturalization, to the United States Citizenship and Immigration Services (USCIS). This form collects personal information, background details, and evidence of eligibility.

After filing the N-400 application, the applicant will receive a notice to appear at a USCIS Application Support Center for fingerprinting and biometric information collection.

The USCIS will schedule an interview for the applicant at a local USCIS office. During the interview, an immigration officer will review the application, ask questions about the applicant's background, and assess their English language skills and knowledge of U.S. history and government (civics test).

The USCIS conducts a thorough background check on the applicant to ensure they meet all the requirements and are of good moral character.

If the USCIS approves the application, the applicant will be scheduled for a naturalization ceremony. During the ceremony, the applicant takes the Oath of Allegiance, renouncing any foreign allegiance and pledging loyalty to the United States. After taking the Oath, the applicant receives a Certificate of Naturalization, which officially grants U.S. citizenship.

Why Hire a Citizenship Lawyer?

The citizenship application process is extremely complex, and there are many requirements you will need to meet. The process is also very expensive, and you will need to pay a filing fee that is separate from the application fee. Because of the complexity of the citizenship process, it is in your best interest to hire a citizenship lawyer to help you through the process and ensure you meet all the necessary requirements.

How Can a Citizenship Attorney Help Me?

A citizenship attorney can provide you with the guidance you need to navigate the citizenship process and ensure you meet all the necessary requirements. At Hart David Carson, we can help you understand the citizenship application process, help you gather the necessary documents, and ensure you meet the eligibility requirements.

When you work with our firm, we will do everything we can to make sure you are prepared for the citizenship application process and can achieve your goal of U.S. citizenship.

Start the citizenship process by filling out our online form or calling us at (864) 971-3795.