Citizenship Outline

CITIZENSHIP

1. Three Ways of Becoming a Citizen

   1. Being Born in U.S. soil

   2. Being born abroad to 1 or 2 Citizenship parents

      1. Exceptions exist depending on physical presence of citizen parents in U.S. and marital status

   3. Naturalizing

1. Acquiring Citizenship

   1. Two Key Principles

      1. Just Soli Right of the land

      2. Jus Sanguinis Right of the blood

   2. Just Soli

      1. Only Constitutional mention Requirement that the President be “naturally born”

      2. 14^th Amendment: All persons born or naturalized in the US are subject to jurisdiction thereof, are citizens of the US and the states in which they reside

   3. Jus Sanguinis

      1. Requires 1 or 2 citizen parents at the time of birth

      2. Additional residence requirements to prevent chain of non-resident citizens: Physical presence and residence requirements are only for parents

      3. Born abroad to 2 US citizen parents § 301(c)

      4. Born abroad to 1 US citizen and 1 Non-citizen parent § 301(g)

      5. Descent law in force at birth (usually) determines whether acquired citizenship by descent

2. Citizenship Acquired After Birth

   1. Authority: Congress authorized by Constitution to establish a “uniform Rule of Naturalization” – Article 1, § 8, cl. 4

   2. Immigration Act of 1990 transferred authority from courts to AG § 310(a)

      1. Now DHS delegated to USCIS

      2. Courts have jurisdiction to review naturalization denials DE NOVO § 310(b,c)

3. Naturalization: Nationality conferred after birth § 101(a)(23)

   1. Basic Requirements

      1. Lawful Permanent Residence § 318

         1. Excludes those admitted on basis of fraudulent documents or otherwise inadmissible

      2. Residence and Physical Presence § 316(a)

         1. Continuous residence for 5 years as LPR

         2. Physically present for at least half of 5 years

         3. Continuous residence while application pending

         4. Period can reduce to 3 years if married to citizen

            1. Exceptions to residency and LPR status made for military service §§ 328, 329

      3. Good Moral Character § 316(a)(3)

         1. Required during all residence and physical presence periods

         2. Grounds precluding good moral character § 101(f)

      4. Age § 334(b): Must be 18 or older for administrative naturalization; under 18 will have a derivative naturalization

      5. English Language: § 312(a)(1)

         1. Must demonstrate understanding, including ability to read, write, and speak words in ordinary usage

         2. Exceptions to physically disabled, elderly with long term residence

      6. Knowledge of Civics § 312(a)(2): Knowledge, understanding or fundamentals of history, principles, and form of government in the US

      7. Political Requirements § 313: Ineligible classes include opposition to organized government and communists

   2. Process

      1. File application with USCIS § 334(a)

      2. USCIS examiner interviews applicant under oath, examining English skills – INA § 335(a)

      3. Criminal...

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