Wednesday, January 4, 2012

U.S.Citizenship – What Forms Should I File?

U.S.Citizenship – What Forms Should I File?

The United States government recognizes three possible ways in which individuals can become U.S. citizens:
  • Being born in the United States (Right of Birth)
  • Being born outside of the United States to a parent or parents who hold U.S. Citizenship (Right of Blood)
  • Meeting the citizenship eligibility requirements set by the government (Naturalization)
Any child born in the United States is automatically granted U.S. citizenship regardless of the nationality of his or her parents, and children born abroad to American citizens automatically acquire citizenship through their parents.
If a person is born abroad to parents who are not U.S. citizens, he or she may obtain U.S. citizenship through a process called naturalization, as long as the eligibility requirements for naturalization are satisfied.
If you have been born abroad, you can either apply for citizenship through naturalization (if you have been born to parents who are not U.S. citizens) or claim citizenship through your parents (if you have been born to parents who are U.S. citizens). Both methods require you to submit the appropriate form with United States Citizenship and Immigration Services (USCIS).
Applying for Citizenship by Filing a Form N400 (born abroad, to non-U.S. parents):
Individuals who have been born abroad to parents who are not U.S. citizens may obtain U.S. citizenship through naturalization by filing an application for naturalization form N400. You may use this form if you meet the following eligibility requirements:
  • You are at least 18 years of age, with a physical presence in the United States.
  • You are a permanent resident of the United States who has maintained a continuous U.S. residence for at least five years.
  • You have remained within your USCIS district or state for the required amount of time, and you possess good moral character.
If you are married to a U.S. citizen, then you only need to have maintained your U.S. residence for at least three years, but you also must be living with your spouse.
Applying for Citizenship by Filing a Form N600 (born abroad, to U.S. parents):
Individuals who are claiming U.S. citizenship by being born to parents who are U.S. citizens must file the application for certificate of citizenship form N600. You may use this form if you meet the following criteria:
  • At least one of your parents is a U.S. citizen, whether by birth or by naturalization.
  • Your parent, who is a U.S. citizen, must have physically resided in the United States for a minimum of five years.
  • You were born to a U.S. citizen parent outside of the United States, and you have fulfilled the requirements for becoming a U.S. citizen prior to your 18th birthday.
If you are disabled, an immediate relative or legal guardian may file Form N600 for you.
In the case of minor adopted or biological children under 18 years of age qualifying for citizenship under section 320 of the Immigration and Nationality Act (INA), the application must be filed by the U.S. citizen parent or legal guardian with legal and physical custody.

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