What are My Options for Becoming a US Citizen?

Becoming a U.S. citizen offers numerous rights, privileges, and benefits. Each year, hundreds of thousands of people become naturalized U.S. citizens. If you are a lawful permanent resident, becoming a US citizen will allow you to vote, run for and hold an elected office, and get a U.S. passport. While lawful permanent residents can have their residency status revoked and be removed from the U.S. under certain circumstances, naturalized U.S. citizens are not subject to removal. However, naturalization is not the only way that people become U.S. citizens. Here is some information about citizenship from a New York immigration attorney at Pozo Goldstein.

Four Ways to Become a U.S. Citizen

There are four ways that people can become U.S. citizens, including by birth in the U.S. by derivation, by acquisition, and by naturalization. Most U.S. immigrants become citizens through the naturalization process. Each year, nearly one million people are naturalized in the U.S. At the height of the pandemic during the fiscal year 2020, the U.S. Citizenship and Immigration Services (USCIS) still reported that 625,400 people were naturalized. This number was a decrease over the fiscal year 2019, and naturalization numbers are typically significantly higher. Over the 10 years from 2010 to 2020, the USCIS reports that more than 7.5 million people were naturalized as U.S. citizens. Here’s a brief look at each of the paths for becoming a US citizen.

1. Citizenship by Birth

Under the U.S. Constitution, anyone who is born within the U.S. or its territories is automatically granted citizenship. However, there is an exception for the children of foreign diplomats or members of a sovereign Native American tribe. Citizenship by birthright is found in the Fourteenth Amendment to the U.S. Constitution, which confers citizenship on anyone who is born in the U.S. Since most U.S. citizens are born on U.S. soil, this is the most common way that people become citizens. The remaining three ways are how foreign nationals can become U.S. citizens.

2. Citizenship by Acquisition

Some people born outside of the U.S. automatically acquire U.S. citizenship when at least one parent is a U.S. citizen when they are born and other conditions are also met. When a U.S. citizen by acquisition gets married and has children, their children can also acquire U.S. citizenship automatically. How a foreign-born person can automatically acquire U.S. citizenship include the following:

• Both parents are U.S. citizens when the child is born, the parents were married, and at least one lived in the U.S. or its territories before the child’s birth
• One parent is a U.S. citizen when the child is born when the child’s birth occurred on or after Nov. 14, 1986, the parents were married when the child was born, and the U.S. citizen parent was physically present in the U.S. for five or more years at some time before the child’s birth with two of those years occurring after the parent’s 14th birthday
• One parent is a U.S. citizen when the child was born when the birth occurred between Oct. 10, 1952, and Nov. 14, 1986, and the U.S. citizen parent was physically present in the U.S. or its territories for at least 10 years with at least five occurring after the parent’s 14th birthday

To obtain documentation that you acquired U.S. citizenship, you must file Form N-600 with the USCIS. Since the law has changed multiple times, you will need to look at the law that was in effect on the date of your birth or your parent’s birth if your grandparents were U.S. citizens.

3. Citizenship by Derivation

If you are a child of a parent who is a naturalized U.S. citizen, you can derive U.S. citizenship automatically if you meet the following requirements:

• Under age 18
• Living with the U.S. naturalized citizen parent at the time your parent has naturalized
• Have a green card
• Residing in the U.S. in the U.S. citizen parent’s legal and physical custody

Whether you can derive U.S. citizenship depends on the law that existed at the time your parent’s naturalization occurred. You also can’t derive citizenship from a stepparent.

4. Citizenship by Naturalization

The fourth way to become a U.S. citizen is through naturalization. You must meet several requirements before you can apply for citizenship, including the following:

• At least 18 years old; and
• Have lived in the U.S. for 5+ years as a lawful permanent resident; or
• Have lived in the U.S. for 3 + years while being married to a U.S. citizen for 3 + years; or
• Have qualifying service in the U.S. Armed Forces

To start the process, you will need to file Form N-400 with the USCIS.

Get Help from Pozo Goldstein

If you want to become a U.S. citizen and are currently a lawful permanent resident, you should speak with a New York immigration attorney at Pozo Goldstein. We have helped many people with becoming U.S. citizens and can help you understand the most appropriate option for you. Contact us today to schedule a consultation by calling us at (212) 201-9031.