Orlando Citizenship Attorneys

We are Here to Help You Achieve Your Immigration Goals

Many foreign nationals who become lawful permanent residents (also known as green card holders) dream of becoming U.S. citizens of the United States. Helping immigrants achieve citizenship is one of the most rewarding services we offer. Although the application process can be overwhelming and confusing, it’s our goal to make it as straightforward as possible.

Advantages to Becoming a Citizen

Becoming a United States citizen has its advantages. For example, a permanent resident who wishes to travel outside the country for more than six months must apply for a re-entry permit through U.S. Citizenship and Immigration Services (USCIS) before traveling. If not, they may be denied re-entry into the U.S. or be required to obtain a new visa. On the other hand, a citizen can travel abroad for unlimited periods.

Other common advantages include:

The right to vote in state and federal elections
Eligibility to work in federal jobs
The right to become an elected official
Protection from deportation
Citizenship privileges for children and broader sponsorship privileges for relatives

Under the Immigration and Nationality Act (INA), people achieve U.S. citizenship in three main ways: by being born in the U.S.; by naturalizing; or through one’s parentage (derivative citizenship, citizenship by acquisition, and INA § 322 citizenship).

Citizenship Through Naturalization

Whereas people under the age of 18 who acquire or derive U.S. citizenship through their parents are normally granted Certificates of Citizenship, permanent residents who apply for and are granted citizenship receive Certificates of Naturalization.

What is Naturalization?

Naturalization is the process through which lawful permanent residents over 18 become citizens of the United States. Most adult foreign nationals who want to acquire U.S. citizenship first need to obtain an immigrant visa and live as a permanent resident for a specific length of time before they can apply for naturalization.

The precise requirements for naturalization depend on your exact situation. For instance, most green card holders must be permanent residents for five years before they qualify; however, green card holders who marry U.S. citizens qualify after just three years of marriage.

In general, permanent residents must meet the following requirements
to qualify:

Be 18 or older
Have permanent residency for the required period (depending on the specific situation)
Demonstrate good moral character according to the principles of the U.S. constitution
Show literacy in the English language
Be able to demonstrate fundamental knowledge of the country’s history, government, and foundational principles
Be willing to take an Oath of Allegiance to the U.S.

Permanent residents who meet these requirements can submit an Application for Naturalization (N-400 form), along with supporting documentation, to U.S. Citizenship and Immigration Services, then interview with a USCIS officer to verify their eligibility. Citizenship is formally achieved only after swearing an Oath of Allegiance in a naturalization ceremony.

Citizenship Through Parentage

Under the Child Citizenship Act, a child under 18 (whether biological or adopted) can automatically derive citizenship from one citizen parent, so long as they meet certain requirements.

Requirements for derivative citizenship:

The parent must be a born citizen or become naturalized before the child’s 18^th birthday
The child must live in the U.S.
The child must be in the legal and physical custody of the citizen parent

Although children who meet these requirements “automatically” become citizens, the parent must still file specific documentation to record and verify their child’s citizenship status.

Another way many children born outside the U.S. achieve citizenship is through acquisition. Whereas children who derive citizenship do so after they’re born, children who acquire citizenship do so at birth based on one or both parents’ citizenship status.

However, there are specific cases in which foreign-born children might not automatically qualify for citizenship (for instance, if they were not in their citizen parent’s legal custody at birth). In these situations, the parent must apply for citizenship on behalf of their child according to certain rules outlined in the Immigration and Nationality Act (INA § 322).