United States nationality law

The Immigration and Naturalization Act sets forth the legal requirements for the acquisition of, and divestiture from, citizenship of the United States. 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.

Possession of citizenship

Rights of citizens

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.S. embassies and consulates), and are allowed to reside in the United States, and certain territories, without any immigration requirements.

Responsibilities of citizens

Citizens have the duty to serve in a jury, if selected. 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. 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.

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. Although no one has been drafted in the U.S. since 1973, draft registration continues for possible reinstatement on some future date.

Acquisition of citizenship

There are various ways in which a person can acquire United States citizenship, either at birth or later on in life.

Birth within the United States

Children born in the United States (including not only the 50 states and the District of Columbia, but also, in most cases, U.S. Territories, such as Puerto Rico, Guam, the Northern Mariana Islands, the U.S. Virgin Islands, in addition to many current states which were territories at the time of the birth of some individuals now living, e.g. Alaska and Hawaii), are U.S. citizens at birth (unless born to foreign diplomatic staff), regardless of the citizenship or nationality of the parents (see Jus soli). This has become controversial, as some non-resident parents, especially undocumented immigrants, enter the United States to give birth, so that their children, often called anchor babies, will be U.S. citizens. 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 U.S. citizenship status of children born in the United States to non-citizen parents has been generally accepted as settled law since 1898, when the Supreme Court held in U.S. v. Wong Kim Ark that almost all such children were entitled to citizenship by the Fourteenth Amendment to the Constitution. Although efforts have been made in Congress, from time to time, to overturn the Wong Kim Ark ruling or limit its effect, via either a new amendment to the Constitution or ordinary legislation, no such attempt has ever succeeded.

Through birth abroad to two United States citizens

In most cases, one is a U.S. citizen if both of the following are true:

1. Both parents were U.S. citizens at the time of the child's birth

2. At least one parent lived in the United States prior to the child's birth.

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.

Through birth abroad to one United States citizen

In most cases, a person is a U.S. citizen if all of the following are true:

One of his or her parents was a U.S. citizen at the time of the person in question's birth;

The citizen parent lived at least 5 years in the United States before his or her child's birth; and

At least 2 of these 5 years in the United States were after the citizen parent's 14th birthday (see note below).

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 his or her citizenship recognized.

Note: If born before November 14, 1986, a person is a citizen if his or her U.S. citizen parent lived in the U.S. for at least 10 years and 5 of those years in the U.S. were after the citizen parent's 14th birthday. The newer law does not apply retroactively.

Different rules apply for those born before December 24, 1952.

Naturalization

A person who was not born a US citizen may acquire US citizenship through a process known as naturalization.

Eligibility for naturalization

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.) 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. Most applicants must also have a working knowledge of the English language. There are exceptions, introduced in 1990, for long-resident older applicants and those with mental or physical disabilities. This requirement for an ability to read, write, and speak English is not an onerous one^, since the test requires that applicants read and write simple sentences in English, such as "The United States is a democracy"

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:

· Who elects the President of the United States?

· How many changes, or amendments, are there to the Constitution?

· How many voting members are in the House of Representatives?