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Acquisition of U.S. citizenship is either by
- Birth in the United States or its territories or birth outside the United States to a United States parent.
- Naturalization.
- In addition, in 2000, Congress passed the Child Citizenship Act (CCA), which allows any child under the age of 18 who is adopted by a U.S. citizen and immigrates to the United States to acquire immediate citizenship.
Parents with biological children living abroad or within the United States, parents with adopted children living abroad or within the United States, parents with foreign born orphans living abroad have the ability confer United States citizenship on their children.
Certain individuals born outside of the United States are born citizens because of their parents, according to the principle of jus sanguinis which holds that the country of citizenship of a child is the same as that of his or her parents).
Naturalization is the process by which U.S. citizenship is conferred upon a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA).
General Requirements include:
- a period of continuous residence and physical presence in the United States;
- residence in a particular USCIS District prior to filing;
- an ability to read, write, and speak English;
- a knowledge and understanding of U.S. history and government;
- good moral character;
- attachment to the principles of the U.S. Constitution; and,
- favourable disposition toward the United States.
There are naturalization waivers, exemptions and special cases.
All naturalization applicants must demonstrate good moral character, attachment, and favorable disposition. The other naturalization requirements may be modified or waived for certain applicants, such as spouses of U.S. citizens, military personnel and abused spouses and children, people with medical conditions and medically determinable physical or mental impairment, where the impairment affects the applicant's ability to learn U.S. History and Government, applicants who have been residing in the U.S. subsequent to a lawful admission for permanent residence for at least 20 years and are over the age of 65 will be afforded special consideration.
Criminal Convictions & Naturalization:-Since some applicants with a criminal record and those who obtained their green cards through false pretenses may be susceptible to deportation/removal, it is critical for such individuals to consult with an attorney before submitting an application for naturalization.
Dual Citizenship Concerns: The applicant must renounce his allegiance to his country of birth and pledge loyalty to the U.S. Despite this renunciation, however, many other countries, including Canada and Great Britain, recognize the dual citizenship. Contact us for concerns on dual citizenship applicability.
Good Moral Character: - This posses a special problem as it will exclude people who earn principal income from illegal gambling, have been involved in prostitution or smuggling illegal aliens into the United States, have been a habitual drunkard, practiced polygamy, willfully failed or refused to support dependents, or has given false testimony under oath in order to receive a benefit under the Immigration and Nationality Act
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