Article I, section 8, clause 4 of the United States Constitution expressly gives the United States Congress the power "(t)o establish a uniform rule of naturalization. Article One of the United States Constitution describes the powers of the legislative branch of the United States government, known as Congress The Constitution of the United States of America is the supreme Law of the United States. The United States Congress is the bicameral Legislature of the federal government of the United States of America, consisting of two houses " The Immigration and Naturalization Act sets forth the legal requirements for the acquisition of, and divestiture from, citizenship of the United States. The Immigration and Nationality Act (INA of 1952 (Also known as the McCarran-Walter Act) restricted immigration into the U The United States of America —commonly referred to as the The requirements have become more explicit since the ratification of the Fourteenth Amendment to the Constitution, with the most recent changes to the statutory law having been made by the United States Congress in 2001. The Fourteenth Amendment ( Amendment XIV) to the United States Constitution is one of the post- Civil War Reconstruction Amendments, first The Constitution of the United States of America is the supreme Law of the United States. A statute is a formal written enactment of a Legislative authority that governs a Country, State, City, or County. The United States Congress is the bicameral Legislature of the federal government of the United States of America, consisting of two houses Year 2001 ( MMI) was a Common year starting on Monday according to the Gregorian calendar.
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Adult citizens of the United States who are residents of one of the 50 states or the District of Columbia have the right to fully participate in the political system of the United States, as well as their state and local governments (with most states having restrictions on voting by persons imprisoned for felonies, some states having restrictions on voting by people convicted of felonies, and a federal constitutional prohibition on naturalized persons running for President and Vice President of the United States), are represented and protected abroad by the United States (through U. The issue of voting rights in the United States has been contentious over the country's history. A US state is any one of the fifty subnational entities of the United States of America that share Sovereignty with the federal government Washington DC ( formally the District of Columbia and commonly referred to as Washington, the District, or simply D The federal government of the United States is the central United States Governmental body established by the United States Constitution. The United States of America —commonly referred to as the A US state is any one of the fifty subnational entities of the United States of America that share Sovereignty with the federal government In Common law legal systems a felony is a serious Crime, often contrasted with a Misdemeanor. In Common law legal systems a felony is a serious Crime, often contrasted with a Misdemeanor. Natural-born citizen is a term used in some countries to describe a certain kind of Citizenship in terms of a requirement for eligibility to serve as Head of state S. embassies and consulates), and are allowed to reside in the United States, and certain territories, without any immigration requirements. A diplomatic mission is a group of people from one State or an international Inter-governmental organization (such as the United Nations) present in Territories of the United States are one type of political division of the United States, administered by the U Immigration refers to the movement of people among countries While the movement of people has existed throughout human history at various levels modern immigration implies long-term
Citizens have the duty to serve in a jury, if selected. A jury a sworn body of persons convened to render a rational, impartial Verdict (a finding of fact on a question officially submitted to them Citizens are also required to pay taxes on their total income from all sources worldwide, including income earned abroad while residing abroad (regardless of the duration of the residence) – but only beyond the first $85,700 in this case because of the foreign earned income exclusion. [1] U. S. taxes payable may be further reduced by credits for foreign income taxes. A foreign tax credit is used to reduce or eliminate Double taxation when the same income is taxed in multiple countries The United States Government also insists that U. S. citizens travel into and out of the United States on a U.S. passport, regardless of any other nationality they may possess. United States passports are issued exclusively by the US Department of State. Multiple citizenship, or multiple nationality is a status in which a person is concurrently regarded as a Citizen under the laws of more than one state.
Male U. S. citizens (including those living permanently abroad and/or with dual U. S. /other citizenship) are required to register with the Selective Service System at age 18 for possible conscription into the armed forces. The Selective Service System is the means by which the United States administers military Conscription. The Draft redirects here For other uses see Draft. Conscription in the United States has been employed several times usually during The United States Armed Forces are the overall unified military forces of the United States Although no one has been drafted in the U. S. since 1973, draft registration continues for possible reinstatement on some future date. Year 1973 ( MCMLXXIII) was a Common year starting on Monday (link will display full calendar of the 1973 Gregorian calendar.
In the Oath of Citizenship, immigrants becoming naturalized U. The United States Oath of Citizenship (officially referred to as the "Oath of Allegiance" 8 C S. citizens swear to defend the Constitution and laws of the US and, when required by the law, to bear arms on behalf of the US and/or perform noncombatant service.
There are various ways in which a person can acquire United States citizenship, either at birth or later on in life.
The Supreme Court has never explicitly ruled on whether children born in the United States to illegal immigrant parents are entitled to birthright citizenship via the 14th Amendment,[2] although it has generally been assumed that they are. Birthright citizenship in the United States of America follows from a hybrid rule of Jus soli and Jus sanguinis. The Fourteenth Amendment ( Amendment XIV) to the United States Constitution is one of the post- Civil War Reconstruction Amendments, first [3]. This has become controversial, as some non-residents enter the US as illegal aliens with the intent to give birth to children. Illegal immigration to the United States refers to the act of foreign nationals voluntarily resettling in the United States in violation of U A birth certificate is considered evidence of citizenship. This differs from most western nations; countries of the European Union which awarded citizenship to children born there (such as Ireland) closed this possibility. The European Union ( EU) is a political and economic union of twenty-seven member states, located primarily in Ireland (pronounced /ˈaɾlənd/ Éire) is the third largest island in Europe, and the twentieth-largest island in the world
In the case of United States v. Wong Kim Ark, , the Supreme Court ruled that a person who
becomes, at the time of his birth, a citizen of the United States, by virtue of the first clause of the 14th amendment of the Constitution. United States v Wong Kim Ark,, was a United States Supreme Court decision that set an important legal precedent about what determines American Citizenship
In most cases, one is a U. Jus sanguinis ( Latin for "right of blood" is a Social policy by which Nationality or Citizenship is not determined by place of birth S. citizen if both of the following are true:
A person's record of birth abroad, if registered with a U. S. consulate or embassy, is proof of his or her citizenship. He or she may also apply for a passport or a Certificate of Citizenship to have his or her citizenship recognized.
For persons born on or after November 14, 1986, a person is a U. Events 1533 - Conquistadors from Spain under the leadership of Francisco Pizarro arrive in Cajamarca, Inca Year 1986 ( MCMLXXXVI) was a Common year starting on Wednesday (link displays 1986 Gregorian calendar) S. citizen if all of the following are true:
A person's record of birth abroad, if registered with a U. S. consulate or embassy, is proof of his or her citizenship. Such a person may also apply for a passport or a Certificate of Citizenship to have a record of his or her citizenship. Such documentation is often useful to prove citizenship in lieu of the availability of an American birth certificate.
Different rules apply for persons born abroad to one U. S. citizen before November 14, 1986. United States law on this subject changed multiple times throughout the twentieth century, and the law as it existed at the time of the individual's birth controls.
A person who was not born a US citizen may acquire US citizenship through a process known as naturalization. New York ( is a state in the Mid-Atlantic and Northeastern regions of the United States and is the nation's third most populous
To become a naturalized United States citizen, one must be at least eighteen years of age at the time of filing, a legal permanent resident of the United States, and have had a status of a legal permanent resident in the United States for five years less 90 days before they apply (this requirement is reduced to three years less 90 days if they (a) acquired legal permanent resident status (b) have been married to and living with a citizen for the past three years and (c) the spouse has been a US citizen for at least three years prior to the applicant applying for naturalization. Permanent residency refers to a person's visa status the person is allowed to reside indefinitely within a country despite not having Citizenship. ) They must have been physically present for at least 30 months of 60 months prior to the date of filing their application. Also during those 60 months if the legal permanent resident was outside of the U. S. for a continuous period of 6 months or more they are disqualified from naturalizing (certain exceptions apply for those continuous periods of six months to 1 year). They must be a "person of good moral character", and must pass a test on United States history and government. [4][5] Most applicants must also have a working knowledge of the English language. [4] There are exceptions, introduced in 1990, for long-resident older applicants and those with mental or physical disabilities. [6][7] This requirement for an ability to read, write, and speak English is not regarded as being too difficult, since the test requires that applicants read and write in English.
Applicants for citizenship are asked ten questions, and must answer at least six correctly. U. S. Citizenship and Immigration Services has published a list of 96 sample questions (with answers), from which the questions asked are normally drawn. This list includes:
(U. S. Citizenship and Immigration Services)
The full list of questions can be found in the "A Guide to Naturalization" which is available for free from the USCIS. [8]
There is a new Pilot naturalization test currently being conducted in 11 cities around the United States.
The new pilot test is currently [9] being conducted in the following cities:
The new pilot test is still voluntary. Albany is the Capital of the State of New York and the County seat of Albany County. Charleston is a city in Charleston county in the US state of South Carolina. The City and County of Denver (pronounced /ˈdɛnvɚ/ is the Capital and the most populous city of Colorado, in the United States Kansas City Missouri only Items for the metro area Kansas City Kansas or North Kansas City MO should go on their respective pages Tucson (ˈtuːsɒn is the seat of Pima County Arizona, United States, located 118 miles (188 km) southeast The applicant may choose to take the new pilot test or not. If the applicant chooses to take the new exam and fails to pass it, he or she may still take the original naturalization test during the same interview time.
The new pilot test examines the applicant's knowledge of American society and the English language. Sample questions and answers can be accessed on the Immigration Test website. [10]
Besides passing citizenship tests, citizenship applicants must also satisfy other specific requirements of naturalization to successfully obtain US citizenship. [11]
A person who becomes a U. S. citizen through naturalization is not considered a natural-born citizen. Natural-born citizen is a term used in some countries to describe a certain kind of Citizenship in terms of a requirement for eligibility to serve as Head of state Consequently, naturalized U. S. citizens are not eligible to become President of the United States or Vice President of the United States. The President of the United States is the Head of state and Head of government of the United States and is the highest political official in United States by The Vice President of the United States is the first person in the presidential line of succession, becoming the new President of the United States upon the death For example, as of 2008, the U.S. Secretary of Labor (Elaine Chao) and the U.S. Secretary of Commerce (Carlos Gutierrez) cannot succeed to the presidency because they became U. "Secretary of Labor" redirects here See also Secretary of Labor (Mexico. Elaine Lan Chao ( born March 26, 1953) currently serves as the 24th United States Secretary of Labor in the Cabinet of President The United States Secretary of Commerce is the head of the United States Department of Commerce concerned with business and industry the Department states its mission to Carlos Miguel Gutierrez (originally Gutiérrez) (born November 4, 1953) is the 35th U S. citizens through naturalization. Ordinarily, the Secretary of Commerce and the Secretary of Labor are tenth and eleventh in the presidential line of succession, as established by the United States Constitution and the Presidential Succession Act. The Presidential Succession Act of 1947 ( establishes the line of succession to the office of President of the United States in the event that neither a President The highest-ranking naturalized people to have been excluded from the Presidential Line of Succession were Henry Kissinger and Madeleine Albright, each of whom would have been fourth (as Secretary of State) had they been natural-born citizens. Henry Alfred Kissinger (born Heinz Alfred Kissinger on May 27, 1923) is a German -born American bureaucrat diplomat and 1973 Madeleine Korbel Albright (born Marie Jana Korbelová on May 15, 1937) was the first woman to become United States Secretary of State. The United States Secretary of State (commonly abbreviated as SecState) is the head of the United States Department of State, concerned with Foreign affairs
Whether this restriction applies to children born to non-US citizens but adopted as minors by US citizens is a matter of some debate, since the Child Citizenship Act of 2000 is ambiguous as to whether acquisition of citizenship by that route is to be regarded as naturalized or natural-born. Those who argue that the restriction does not apply point out that the child automatically becomes a citizen even though violating every single requirement of eligibility for naturalization, and thus the case falls closer to the situation of birth abroad to US citizens than to naturalization. This interpretation is in concert with the wording of the Naturalization Act of 1790, that "the children of citizens of the United States that may be born beyond the sea, or out of the limits of the United States, shall be considered as natural born citizens", which does not draw a distinction between biological children and adopted children, even though the process of adoption was certainly well known at the time. The original United States Naturalization Law of March 26 1790 ( provided the first rules to be followed by the United States in the granting of national Citizenship
In fact, the phrase "natural born Citizen" is not defined anywhere in the Constitution itself and its interpretation has never been the subject of a U.S. Supreme Court ruling. The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. Thus, some argue that even those born abroad to US citizens are not eligible to ascend to the Presidency, since an act of the United States Congress such as the Naturalization Act may not overrule the Constitution (see "Natural born citizen" as presidential qualification). The United States Congress is the bicameral Legislature of the federal government of the United States of America, consisting of two houses Natural-born citizen is a term used in some countries to describe a certain kind of Citizenship in terms of a requirement for eligibility to serve as Head of state Thus far, presidential candidates George W. Romney (born in Mexico), and Barry Goldwater and John McCain (born in U.S. territories), were never seriously challenged on the basis of their "natural-born" citizenship, but no candidate falling under this classification has ever actually become President, and therefore the question must be regarded as not having been finally decided. George Wilcken Romney ( July 8 1907 July 26 1995) was an American Businessman and a Politician. The United Mexican States ( or commonly Mexico (ˈmɛksɪkoʊ () is a federal constitutional Republic in North America. Territories of the United States are one type of political division of the United States, administered by the U
Effective 1 April 1995, a child born outside the U. Events 527 - Byzantine Emperor Justin I names his nephew Justinian I as co-ruler and successor to the throne Year 1995 ( MCMXCV) was a Common year starting on Sunday. Events of 1995 S. to a U. S. citizen parent, if not already a citizen by birth because the parent does not meet the residency requirement (see above), may qualify for expeditious naturalization based on the physical presence of the child's grandparent in the U. S. In general the grandparent should have spent 5 years in the U. S. , 2 years of which after the age of 14.
The process of naturalization, including the oath of allegiance, must be completed before the child's 18th birthday. The United States Oath of Citizenship (officially referred to as the "Oath of Allegiance" 8 C It is not necessary for the child to be admitted to the U. S. as a lawful permanent resident. [12]
Effective February 27, 2001, the Child Citizenship Act of 2000 provided that a non-U. Events 1560 - The Treaty of Berwick, which would expel the French from Scotland, is signed by England and the Congregation Year 2001 ( MMI) was a Common year starting on Monday according to the Gregorian calendar. The Child Citizenship Act of 2000 is a United States federal law that allows certain foreign-born biological and adopted children of United States citizens to acquire S. citizen child (aged under 18) with a U. S. citizen parent, and in the custody of that parent, automatically acquired U. S. citizenship. To be eligible, a child must meet the definition of “child” for naturalization purposes under immigration law, and must also meet the following requirements:
Based on the U. S. Department of State regulation on dual citizenship (7 FAM 1162), the Supreme Court of the United States has stated that dual citizenship is a “status long recognized in the law” and that “a person may have and exercise rights of nationality in two countries and be subject to the responsibilities of both. Multiple citizenship, or multiple nationality is a status in which a person is concurrently regarded as a Citizen under the laws of more than one state. The mere fact he asserts the rights of one citizenship does not without more mean that he renounces the other,” (Kawakita v. U.S., 343 U. Renunciation is a voluntary act of relinquishing one's Citizenship (or Nationality) Kawakita v United States, 343 US 717 ( 1952) was a case in which the United States Supreme Court reviewed a Treason accusation S. 717) (1952). In Schneider v. Rusk 377 U. Schneider v Rusk, 377 US 163 (1964 was a United States Supreme Court case which invalidated a law that treated naturalized and native-born citizens S. 163 (1964), the US Supreme Court ruled that a naturalized US citizen has the right to return to their native country and resume their former citizenship and also remain a US citizen, even if they never return to the United States.
The Immigration and Nationality Act (INA) neither defines dual citizenship nor takes a position for it or against it. There has been no prohibition against dual citizenship, but some provisions of the INA and earlier U. S. nationality laws were designed to reduce situations in which dual citizenship exists. Although naturalizing citizens are required to undertake an oath renouncing previous allegiances, the oath has never been enforced to require the actual termination of original citizenship. The United States Oath of Citizenship (officially referred to as the "Oath of Allegiance" 8 C [13]
Although the U. S. Government does not endorse dual citizenship as a matter of policy, it recognizes the existence of dual citizenship and completely tolerates the maintenance of multiple citizenship by U. S. citizens. In the past, claims of other countries on dual-national U. S. citizens sometimes placed them in situations where their obligations to one country were in conflict with the laws of the other. However, as fewer countries require military service and most base other obligations, such as the payment of taxes, on residence and not citizenship, these conflicts have become less frequent. As a result, there has been a dramatic increase in recent years in the number of people who maintain U. S. citizenship in other countries.
According to , it is possible to be a U. Title 8 of the United States Code outlines the role of aliens and Nationality in the United States Code. S. national without being a U. S. citizen. A person whose only connection to the U. S. is through birth in an outlying possession (which as of 2005 is limited to American Samoa and Swains Island), or through descent from a person so born acquires U. Year 2005 ( MMV) was a Common year starting on Saturday (link displays full calendar of the Gregorian calendar. American Samoa (Amerika Sāmoa or sm ''Sāmoa Amelika'' is an unincorporated territory of the United States located in the South Pacific Ocean, southeast Swains Island is an Atoll in the Tokelau chain the most northwesterly island administered by American Samoa. S. nationality but not U. S. citizenship. This was formerly the case in only four other current or former U.S. overseas possessions1:
Not all U. An insular area is a United States territory that is neither a part of one of the fifty states nor a part of the District of Columbia, the nation's Guam ( Chamorro: cha Guåhån) officially the Territory of Guam, is an island in the western Pacific Ocean and is an organized unincorporated The Philippines ( Filipino: Pilipinas, officially known as the Republic of the Philippines (fil ''Republika ng Pilipinas'' RP The Tydings-McDuffie Act (officially the Philippine Independence Act; Public Law 73-127 approved on March 24, 1934 was a United States federal law Puerto Rico (ˌpwertoˈriko officially the Commonwealth of Puerto Rico ("Estado Libre Asociado de Puerto Rico" {{lang-en|"Associated Free State of Puerto Rico"}} The United States Virgin Islands is a group of Islands in the Caribbean that are an Insular area of the United States. S. nationals are U. S. citizens; all U. S. citizens are U. S. nationals. The U. S. passport bio-page shows one’s status as either a citizen or a non-citizen national. [14] Noncitizen U. S. nationals may reside and work in the United States without restrictions, and may apply for citizenship under the same rules as other resident aliens.
U. S. nationals who are not citizens cannot vote or hold elected office at the federal level. Suffrage (from the Latin suffragium, meaning "voting tablet" and figuratively "right to vote" probably from suffrago "hough" and originally Depending on local laws and ordinances, they may or may not be able to do so at the State or Local level.
As a historical matter, U. The issue of voting rights in the United States has been contentious over the country's history. The right of Foreigners to vote has been a contentious issue in the United States for years S. citizenship could be forfeited upon the undertaking of various acts, including naturalization in a foreign state, service in foreign armed forces, and voting in a foreign political election (with a few exceptions, such as municipal and local elections as opposed to presidential and other national elections). However, a line of U. S. Supreme Court decisions beginning with Afroyim v. Rusk constitutionally limited the government's capacity to terminate citizenship to those cases in which an individual engaged in conduct with an intention of abandoning their citizenship. Afroyim v Rusk, 387 US 253 (1967 was a United States Supreme Court decision that set an important legal precedent that a United States In the wake of administrative practice changes adopted by the U. S. Department of State during the mid 1990s, it is now virtually impossible to lose one's citizenship without expressly renouncing it before a U. S. consular officer. [15]
There are also special provisions for persons who are deemed to have renounced citizenship for purposes of avoiding U.S. taxation (which is, in some cases, applicable on certain income for up to ten years after the official loss of citizenship, Internal Revenue Code, section 877), which in theory can result in loss of right to entry into the United States. Taxation in the United States is a complex system which may involve payment to at least four different levels of government and many methods of taxation The Internal Revenue Code (or IRC; more formally the Internal Revenue Code of 1986 as amended) is the main body of domestic statutory Tax law However, the loss of right of entry (8 USC 1182(a)(10)(E)[16]) has never been enforced by the Attorney General since its enactment in 1996. Further, since the creation of the Department of Homeland Security in 2002, the Attorney General (Department of Justice) would no longer be empowered to bar a former U. The United States Attorney General is the head of the United States Department of Justice (see) concerned with legal affairs and is the chief law enforcement S. citizen from entering the United States.
No new legislation has modified 8 USC 1182(a)(10)(E) to enable the DHS Secretary to bar a former U. S. citizen from entering the United States. Lastly, IRC section 877 and Revenue Rulings was modified in 2004 to discontinue the practice of the Internal Revenue Service issuing rulings to determine if a former U. S. citizen had a tax-related motive in renouncing U. S. citizenship. Instead, IRC section 877 establishes an objective test to determine if the section 877 regime will apply.
If the former U. S. citizen fails one of these objective tests, for the following ten years after the individual's expatriation he or she will be subject to the 877 regime. In practice, given the various modifications since the enactment of 8 USC 1182(a)(10)(E), that the U. S. government has never enforced 8 USC 1182(a)(10)(E) since its inception in 1996, a former U. S. citizen may freely travel to the U. S. subject to normal visa restrictions.
After a U. S. citizen satisfies the Department of State procedures, the Department of State issues a Certificate of Loss of Nationality ("CLN") signifying that the Department of State has accepted the U. S. Embassy/Consulate's recommendation to allow the renunciation.
It is also possible to forfeit U. S. citizenship upon conviction for an act of treason against the United States. [15]