Citizenship Citizenship

U.S. Citizenship through Place of Birth
Any child born in the U.S. acquires U.S. citizenship at the birth even if the parents are not citizens, even when the mother child's mother was in the U.S. illegally. This benefit is not available to children born in the U.S. whose parents were foreign diplomats in post in the U.S.

U.S. Citizenship through Parents
Any child who was born in a foreign country will acquire U.S. citizenship if
  • (S)he was born to parents at least one of whom was citizen at the time of birth and who had resided in the U.S. for at least five years prior to the birth of the child and two of those five years being before the age of 14.
  • Both of his(er) parents were U.S. citizens and one of the parents have previously resided in the U.S.
  • One of the parent of the child was citizen before the child reach 18 year of age and that child was legal permanent resident in the U.S.. This provision also applies to adopted children.
  • People who were born and who have lived in a foreign country whose right to citizenship was not known to him(er), therefore failed to accomplish the residency requirement may, at a later day, claim the citizenship. This concept is called “Constructive Retention”.
U.S. Citizenship through Grand Parents
Under certain conditions, U.S. Citizenship may be claimed through Grand Parents who were citizen at the time the parent was born. This is the doctrine of “Double Constructive Retention”

The law on citizenship has gone through many changes since its inception. Call our office to have an attorney analyze your particular circumstances to determine whether you could claim your citizenship through your parents or grand parents.

Naturalization
A lawful permanent resident who
  •     Is at least 18 year of age,
  •     is a person of good moral character,
  •     is in good command of English language
  •     has adequate knowledge and understanding of American history and the system of government
  •     has  resided continuously as a lawful permanent resident in the U.S. for at least 5 year prior to filing during which (s) has not stayed overseas for any period longer than 6 months and has been physically present in the U.S. for 50% of that time. A resident who obtained the resident status through the marriage to a U.S. citizen must have been in that status for at least 3 years with the physical presence of at least 18 months.
Also, the 5 year residence provision will not apply if the applicant has served the U.S. Armed Forces for at least three years or if (s)he has served the U.S. Armed Forces during World War I, World War II, Korea War, Vietnam War or Persian Gulf War. The same privilege is accorded to widow(er)s of U.S. citizen who died during a period of honorable active duty service in the U.S. Armed Forces.
 
Also qualified will be
  • Applicant who has served on a U.S. vessel and have been a permanent resident for the past five years
  • Applicant who has worked under contract with the U.S. Government and have been a U.S. permanent resident for the past five years
  • Are a person who performs ministerial or priestly functions for a religious denomination or an interdenominational organization with a valid presence in the U.S., and have been a U.S. permanent resident for the past five years

You are a spouse of a U.S. citizen who is one of the following:
  • A member of the U.S. Armed Forces
  • An employee or an individual under contract to the U.S. Government An employee of an American institution of research recognized by the Attorney General
  • An employee of a public international organization of which the United States is a member by law or treaty
  • An employee of an American-owned firm or corporation engaged in the development of foreign trade and commerce for the United States
  • A person who performs ministerial or priestly functions for a religious denomination or an interdenominational organization with a valid presence in the United States

Call our office to have an attorney evaluate your eligibilities to apply for citizenship


Lost Citizenship Reclaimed
Under certain conditions, citizenship that was lost due to the legislation in force at certain time in the past may be reclaimed. Please write or email for an assessment on an individual basis.

Posthumous Citizenship
U.S. citizenship is granted to foreign nationals who served in the U.S. Armed Forces and died while in active duty during any time of wars in which the U.S. was party.