Your Guide to Understanding Different Types of U.S. Citizenship

Becoming a U.S. citizen is a significant milestone for many. It opens new opportunities and provides a sense of belonging and security. But did you know there are various paths to becoming a U.S. citizen? If you’re an immigrant trying to become a U.S. citizen or confirm U.S. citizenship for another loved one, the immigration law attorneys at the Law Offices of Diron Rutty, LLC can help.

Types of U.S. Citizenship Explained

1. Citizenship by Birth

One of the most straightforward ways to become a U.S. citizen is by birthright citizenship, also known as jus soli. If you’re born within the borders of the United States, you are automatically considered a U.S. citizen.

This rule applies regardless of your parents’ nationality, with a few exceptions, such as children of foreign diplomats or temporary visitors. For instance, the children of parents who temporarily come to the U.S. for medical care, but plan to return to their home country after the birth of their child, will not be citizens. The U.S. Constitution’s 14th Amendment firmly establishes this principle.

Save for these exceptions, being born on U.S. soil grants you immediate citizenship. This ensures that someone can enjoy the liberties and protections the nation offers. However, it’s essential to note the exceptions, particularly for children born to representatives from foreign governments and international organizations.

2. Citizenship through Naturalization

For those not born in the U.S., naturalization is a common path to citizenship. This legal process allows foreign nationals to become U.S. citizens after meeting specific requirements, such as:

  • Residing in the U.S. for a certain period
  • Demonstrating good moral character
  • Passing English language and civics tests

Naturalization requires a commitment to the U.S., including pledging allegiance and understanding the rights and duties of citizenship. Most immigrants in the U.S. who seek citizenship follow this path. The process involves several steps, beginning with filing an application and culminating in a naturalization ceremony.

3. Citizenship through Derivation

Citizenship through derivation applies to children under 18 who automatically become U.S. citizens if one or both parents are U.S. citizens by birth or naturalization. This type of citizenship ensures that children can enjoy the same benefits as their parents without undergoing a separate naturalization process.

To qualify, the child must be unmarried and under 18 when the parent becomes a U.S. citizen. This provision highlights the importance of family unity in U.S. citizenship laws, ensuring that children do not face unnecessary barriers to becoming citizens.

4. Dual Citizenship

Dual citizenship allows people to hold citizenship in more than one country simultaneously. This status can be advantageous for travel, work, and investment opportunities. It enables people to enjoy the benefits and protections of multiple nations without renouncing citizenship in their country of origin.

However, dual citizenship also comes with responsibilities to both countries, such as paying taxes and obeying laws. It’s crucial to understand the regulations and obligations that come with holding dual citizenship to avoid potential conflicts.

5. Non-citizen National

Non-citizen nationals are individuals born in American territorial possessions, such as American Samoa and Swains Island. While they are not considered U.S. citizens, they are also not illegal immigrants.

Non-citizen nationals have the right to live and work in the U.S., but they lack some privileges of full citizenship, such as voting in federal elections. This status reflects the unique history and relationship between the U.S. and its territories, offering certain protections and rights without full citizenship benefits.

6. Citizenship by Marriage (Jus Matrimonii)

Marrying a U.S. citizen can pave the way to citizenship through a process known as jus matrimonii. This path has become more common since World War II and the War Brides Act. It involves specific requirements, such as proving the marriage’s authenticity and duration.

The U.S. government closely scrutinizes these applications to prevent fraudulent marriages. However, for genuine couples, this path offers a route to citizenship that acknowledges the significance of family unity.

Benefits and Limitations of Each Type

Each type of U.S. citizenship comes with its benefits and limitations.

  • Birthright citizenship offers automatic access to all the rights and responsibilities of a U.S. citizen, providing a sense of belonging from birth.
  • Naturalized citizens gain full citizenship rights, including voting and running for office, but must undergo a thorough application process.
  • Derived citizens enjoy the same benefits as their parents without going through naturalization.
  • Dual citizenship offers the advantage of enjoying the rights and privileges of multiple countries but comes with the complexity of managing obligations in two nations.
  • Non-citizen nationals have many rights but lack full citizenship benefits, such as voting in federal elections.
  • Citizenship by marriage provides a pathway to citizenship while acknowledging the importance of family unity, though it requires proof of a legitimate marriage.

Frequently Asked Questions (FAQs) about U.S. Citizenship

Q: Can I hold dual citizenship with the U.S. and another country?

  • A: Yes, dual citizenship is allowed, but managing obligations in both countries is essential.

Q: How long does the naturalization process take?

  • A: Typically, it takes about six months to a year, but this can vary based on individual circumstances.

Q: Can my children become U.S. citizens if I am naturalized?

  • A: Yes, children under 18 can derive citizenship from a parent who becomes a U.S. citizen.

Q: What is the difference between a U.S. citizen and a non-citizen national?

  • A: Non-citizen nationals can live and work in the U.S. but lack full citizenship rights like voting in federal elections.

Contact the Law Offices of Diron Rutty, LLC to Learn More About the Citizenship Process

Navigating the U.S. citizenship process can be complex, but understanding the different types and their requirements makes it more manageable. Whether you’re seeking citizenship by birth, naturalization, or marriage, knowing your options and eligibility criteria is crucial.

Remember to gather all necessary documentation, stay informed about changes in immigration laws, and seek professional advice if needed. Taking these steps ensures a smoother path to achieving your goal of becoming a U.S. citizen.

For help, contact the immigration law attorneys at the Law Offices of Diron Rutty, LLC for help.

Don’t hesitate
get in touch today

"*" indicates required fields

This field is for validation purposes and should be left unchanged.