Table of Contents
Naturalization and Citizenship
A person may become a U.S. citizen either at birth or after birth, subject to certain requirements.
To become a citizen at birth, a person must have been born in the United States or certain territories or outlying possessions of the United States, and subject to the jurisdiction of the United States; or had a parent or parents who were citizens at the time of his or her birth (if born abroad) and meet other requirements. A person may acquire citizenship after birth through U.S. citizen parents or through naturalization.
We provide the following services relating to citizenship:
Naturalization and Citizenship
Naturalization is the process by which U.S. citizenship is granted to a lawful permanent resident after meeting the requirements established by Congress in the Immigration and Nationality Act (INA).
The decision to apply for naturalization is one of the most important decisions an immigrant can make. While being a US citizen may have many benefits, it also imposes important responsibilities.
To apply for naturalization, you must file Form N-400, Application for Naturalization. Most naturalization applicants are required to take a test on English and U.S. history and government.
Eligibility requirements for Naturalization
In general, an applicant for naturalization must:
Exemptions from the general requirements of naturalization
The requirements mentioned above are only the general eligibility requirements for naturalization. There are certain groups of individuals who are covered under the special naturalization provisions. These are:
I am a Lawful Permanent Resident for 5 Years
One of the most common paths to U.S. citizenship through naturalization is being a lawful permanent resident (LPR) for at least five years.
Below are the requirements to be eligible for naturalization based on being a LPR for at least five (5) years:
I am Married to a US Citizen
Another path to US citizenship through naturalization is by being married to a U.S. citizen. Below are the general requirements to be eligible for naturalization based on being married to a U.S. citizen
I Served in the Military For At Least 1 Year At Any Time
Any person who has served honorably in the U.S. armed forces for at least one year at any time may be eligible to apply for naturalization. Below are the general requirements to be eligible for naturalization based on military service:
I am a Child of a US Citizen
There are two general ways to obtain citizenship through U.S. citizen parents: (1) at birth, and (2) after birth but before the age of 18.
Definition of a Child
Under existing laws, a child for citizenship and naturalization provision is an unmarried person who is:
Children of US Citizens Residing Outside the U.S.
Children who were born outside the U.S. but now live in the U.S. may acquire citizenship under Section 320 of the Immigration and Nationality Act (INA)
Children of US Citizens Residing Outside the United States
Under Section 322 of the INA, children residing outside of the United States may obtain citizenship. Below are the eligibility requirements for naturalization of a child who regularly resides outside of the United States:
10 Steps to Naturalization
Below are the 10 steps to the naturalization process. It is important to note that these steps only provide a general overview of the naturalization process. Individual circumstances may vary, and additional requirements or steps may apply in certain specific situations.
Application for Certificate of Citizenship
You may request for certificate of citizenship if you claim to be a U.S. citizen based on your birth abroad to a U.S. citizen(s). You must be the biological child of your U.S. citizen parent. To determine if you were born to a U.S. citizen for purposes of claiming U.S. citizenship, USCIS will look at the law that was in effect at the time of your birth.
If you are claiming U.S. citizenship after birth but before you reached the age of 18, you must be under the age of 18 on February 27, 2001 AND you must meet all the following conditions before you turn 18 years of age:
Application for Citizenship and Issuance of Certificate Under INA Section 322
You may acquire U.S. citizenship if you meet ALL of the following criteria to be eligible for citizenship under Section 322 of the Immigration and Nationality Act (INA):
An adopted child may acquire U.S. citizenship under Section 322 only if he or she satisfies the specific provisions of the U.S. immigration laws relating to adopted children. Certain requirements also apply to children of members of the U.S. Armed Forces.
Consular Report of Birth
A U.S. citizen parent may apply for FS-240, Consular Report of Birth Abroad, of his U.S. citizen child under the age of 18 years old who was born abroad and acquired U.S. citizenship at birth. The application is made in person by filing DS-2029, Application for Consular Report of Birth Abroad of a Citizen of the United States, with a U.S. consular officer or consular agent, usually at the consulate nearest the child’s place of birth. The purpose of this form is to establish the child’s U.S. citizen parentage and acquisition of U.S. citizenship at birth.
The FS-240 is proof of U.S. citizenship and can be used to prove citizenship in the same manner as a certificate of naturalization or certificate of citizenship. For instance, the FS-240 can be used as proof of citizenship in applying for a U.S. passport.
The information presented in this section provides a general overview of the naturalization process in the United States. For accurate and up-to-date information tailored to your individual case, we recommend seeking professional assistance from MTS Law. With over 10 years of experience, our team has successfully guided clients through various aspects of immigration law, ensuring the best possible outcomes for their clients. Contact MTS Law today for comprehensive and reliable immigration legal services.
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Having been known in the Filipino community for representing well known promoters, and artists, MTS Law has earned the recognition of being the “attorney of celebrities.” For over 13 years, it has been serving its clients with persistence and determination, always ready to take on tough and challenging cases to help Filipino families realize their American dream.
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