What are the requirements to obtain U.S. citizenship?

January 6, 2023

Escrito por Juan Berkowsky

Última Actualización: March 15, 2024

Many immigrants wish to obtain U.S. citizenship because it provides many rights. However, being a U.S. citizen also comes with many responsibilities as well. In this article we will provide you with information about U.S. citizenship and the requirements to obtain it.

Who are U.S. citizens?

By law, persons born within the United States are considered U.S. citizens. However, many people who were born in another country can obtain U.S. citizenship.

Ways to obtain U.S. citizenship

There are three ways in which a person can obtain U.S. citizenship. Below we detail what they are and what processes they involve.

Citizenship by birth through parents

The law calls a “Child” an unmarried person who meets any of the following requirements:

Be the genetic, legitimated or adopted child of a U.S. citizen.
Be the child of a U.S. gestational (non-genetic) mother who is recognized by the relevant jurisdiction as the legal mother of the child.

In this sense, if you are the child of a U.S. citizen, you can obtain citizenship through two ways:

At birth: Generally the law states that at least one parent must be a U.S. citizen and must have lived in the U.S. for a period of time. However, the determination as to the granting of U.S. citizenship will be based on the law in effect at the time of birth.
Before age 18: Children born outside the United States may become U.S. citizens after birth and before their 18th birthday. This group is further divided into two subgroups:

Children of U.S. citizens residing within the U.S.

Under the Labor Immigration Act, children of U.S. citizens who were born outside the U.S. but are currently living in the U.S. may become U.S. citizens. Of course, there are certain requirements, which are listed below:

The child has at least one parent, including an adoptive parent, who is a U.S. citizen by birth or naturalization;
The child is under 18 years of age
The child is a lawful permanent resident (LPR); and
The child resides in the United States in the legal and physical custody of the U.S. citizen parent.

Children of U.S. citizens residing outside the U.S.

The Labor Immigration Act allows children residing outside the United States to obtain citizenship. In this regard, a child who has permanent residence outside the United States is eligible to obtain U.S. citizenship by naturalization if he or she meets the following conditions:

The child has at least one parent, including an adoptive parent, who is a U.S. citizen by birth or naturalization;
The U.S. citizen parent of the child or the U.S. citizen grandparent meets certain physical presence requirements in the United States or its territories;
The child is under 18 years of age;
The child resides outside the United States in the legal and physical custody of the U.S. citizen parent or a person who does not object to the application if the U.S. citizen parent is deceased; and
The child is lawfully admitted, is physically present and maintains lawful status in the United States at the time the application is approved and at the time of naturalization.

Citizenship by naturalization

The decision to obtain U.S. citizenship through naturalization is an important one and generally, before initiating the naturalization process, a person must be a permanent resident.

By becoming a U.S. citizen, you will gain many rights that, unlike permanent residents or others, you do not have. This includes the right to vote. To be eligible for naturalization, you must first meet the following requirements established by law:

Be at least 18 years old at the time of filing the Application for Naturalization.
Demonstrate that you have been a lawful permanent resident for at least five years, i.e. demonstrate that you have had a green card.
Demonstrate that you have had continuous legal residence in the United States for at least five years prior to the date of filing Form N-400.
Demonstrate that you have been physically present in the United States for at least 30 months out of the five years preceding the date of application.
Demonstrate that you have resided for at least three months in a state or USCIS district that has jurisdiction over your place of residence. In the case of students who are financially dependent on their parents, the application may be submitted where their school or family home is located.
Be a person of good moral character.
Demonstrate adherence to the principles of the U.S. Constitution.
Be able to read, write and communicate orally in basic English.
Have knowledge and understanding of the fundamentals of U.S. history, principles, and form of government.
Take the Oath of Allegiance to the United States.

Citizenship by marriage

This is the case for persons who are legally married to a U.S. citizen who want to file an application for U.S. citizenship. Again, there are certain general eligibility requirements. They are listed below:

Be at least 18 years of age at the time of filing Form N-400
Be a permanent resident lawfully admitted to the United States for at least three years immediately preceding the date you file your Form N-400.
Have lived in a marital union with your U.S. citizen spouse for the three years immediately preceding the date you file your application and while your application is being adjudicated.
Have lived for at least three months in a state or USCIS district that has jurisdiction over your place of residence.
Have had continuous residence in the United States as a lawful permanent resident for at least three years immediately preceding the date on which you file your application.
Residing continuously in the United States from the date you filed your application until the date you naturalize
Be physically present in the U.S. for at least 18 months of the three years immediately preceding the date you apply
Be able to read, write and speak English and know and understand the fundamentals of U.S. history, principles and form of government (also known as civics).
Be a person of good moral character, adhere to the principles of the Constitution of the United States, and be well disposed to the good order and welfare of the United States for at least three years immediately preceding the date on which you file Form N-400 and until you take the Oath of Allegiance

Obtain your citizenship the easy way

The paperwork involved in obtaining U.S. citizenship can sometimes be overwhelming and confusing. Therefore, Urbina Law recommends that you seek legal assistance from immigration experts.

Not only will you get your citizenship, but you will not have to go through stressful times. Our attorneys are always available to answer questions for U.S. citizenship from the immigrant community. Make your free consultation!