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Who is a born United States citizen?
Generally, people are born U.S. citizens if they are born in the United States or if they are born to U.S. citizens:
(1) By being born in the United States
If you were born in the United States (including, in most cases, Puerto Rico, Guam, and the U.S. Virgin Islands), you are an American citizen at birth (unless you were born to a foreign diplomat). Your birth certificate is proof of your citizenship.
(2) Through birth abroad to TWO United States citizens
In most cases, you are a U.S. citizen if ALL of the following are true:
Both your parents were U.S. citizens when you were born; and
At least one of your parents lived in the United States at some point in their life.
Your record of birth abroad, if registered with a U.S. consulate or embassy, is proof of your citizenship. You may also apply for a passport to have your citizenship recognized. If you need additional proof of your citizenship, you may file a Form N-600, "Application for Certificate of Citizenship" with INS to get a Certificate of Citizenship. You may download the form by clicking here, or you may call the INS Forms Line at 1(800) 870-3676 to request a Form N-600.
(3) Through birth abroad to ONE United States citizen
In most cases, you are a U.S. citizen if ALL of the following are true:
One of your parents was a U.S. citizen when you were born;
Your citizen parent lived at least 5 years in the United States before you were born; and
At least 2 of these 5 years in the United States were after your citizen parent's 14th birthday*.
Your record of birth abroad, if registered with a U.S. consulate or embassy, is proof of your citizenship. You may also apply for a passport to have your citizenship recognized. If you need additional proof of your citizenship, you may file an "Application for Certificate of Citizenship" (Form N-600) with INS to get a Certificate of Citizenship.
*If you were born before November 14, 1986, you are a citizen if your U.S. citizen parent lived in the United States for at least 10 years and 5 of those years in the United States were after your citizen parent's 14th birthday.
When does my time as a Permanent Resident begin?
Your time as a Permanent Resident begins on the date you were granted permanent resident status. This date is on your Permanent Resident Card (formerly known as Alien Registration Card). Click here to view a sample card..
If I have been convicted of a crime but my record has been expunged, do I need to indicate that on my application or tell an INS officer?
**Important**
Yes. You should always be honest with INS regarding all:
Arrests (including those by police, Immigration Officers, and other Federal Agents);
convictions (even if they have been expunged); and
crimes you have committed for which you were not arrested or convicted.
Even if you have committed a minor crime, INS may deny your application if you do not tell the INS officer about the incident. It is extremely important that you tell INS about any arrest even if someone else has advised you that you are not required to do so.
Will INS provide special accommodations for me if I am disabled?
Some people with disabilities need special consideration during the naturalization process. INS will make every effort to make reasonable accommodations in these cases. For example, if you use a wheelchair, we will make sure your fingerprint location is wheelchair accessible. If you are hearing impaired and wish to bring a sign language interpreter to your interview, you may do so. Asking for an accommodation will not affect your eligibility for naturalization. The INS makes decisions about making accommodations on a case-by-case basis.
How can I pay my application fee?
You must pay your application fee with a check or money order drawn on a U.S. bank in U.S. dollars payable to the "Immigration and Naturalization Service."
Residents of Guam should make the fee payable to "Treasurer, Guam."
Residents of the Virgin Islands should make the fee payable to "Commissioner of Finance of the Virgin Islands."
You must send your fee with your application. Remember that your application fee is not refundable even if you withdraw your application or INS denies your case.
How long will it take to become naturalized?
The time it takes to be naturalized varies from one local office to another. In 1997, in many places, it took over 2 years to process an application. INS is currently modernizing and improving the naturalization process. By October 2000, the INS projects that it will take between 6 and 9 months to become naturalized.
What if I cannot make it to my scheduled interview?
It is very important not to miss your interview. If you have to miss your interview, you should notify the office where your interview is scheduled by mail as soon as possible. In your letter, you should ask to have your interview rescheduled. Rescheduling an interview may add several months to the naturalization process, so try not to change your original interview date. If an emergency arises and you absolutely cannot make your appointment, call the National Customer Service Center at 1-800-375-5283 to request rescheduling. The NCSC will record the information, and pass it on to the local office, which will make the final decision whether to reschedule your appointment. If you miss your scheduled interview without notifying INS, we will "administratively close" your case. Unless you contact INS to schedule a new interview within 1 year after INS closes your case, we will deny your application. The INS will NOT notify you if we close your case because you missed your interview.
If INS grants me naturalization, when will I become a citizen?
You become a citizen as soon as you take the Oath of Allegiance to the United States. In some places, you can choose to take the Oath the same day as your interview. If that option is not available or if you prefer a ceremony at a later date, INS will notify you of the ceremony date with a "Notice of Naturalization Oath Ceremony" (Form N-445).
What should I do if I cannot go to my oath ceremony?
If you cannot go to the oath ceremony, you should return the "Notice of Naturalization Oath Ceremony" (Form N-445) that INS sent to you. You should send the N-445 back to your local office. Include a letter saying why you cannot go to the ceremony. Make a copy of the notice and your letter before you send them to INS. Your local office will reschedule you and send you a new "Notice of Naturalization Oath Ceremony" (Form N-445) to tell you when your ceremony will be.
What can I do if INS denies my application?
There is an administrative review process for those who are denied naturalization. If you feel that you have been wrongly denied naturalization, you may request a hearing with an immigration officer. Your denial letter will explain how to request a hearing and will include the form you need. The form for filing an appeal is the "Request for Hearing on a Decision in Naturalization Proceedings under Section 336 of the Act" (Form N-336).
Can I reapply for naturalization if INS denies my application?
In many cases, you may reapply. If you reapply, you will need to complete and resubmit a new N-400 and pay the fee again. You will also need to have your fingerprints and photographs taken again. If your application is denied, the denial letter should indicate the date you may reapply for citizenship. If you are denied because you failed the English or civics test, you may reapply for naturalization as soon as you want. You should reapply whenever you believe you have learned enough English or civics to pass the test.
What do I do if I have lost my Certificate of Naturalization? What do I use as proof of citizenship if I do not have my certificate?
You may get a new Certificate of Naturalization by submitting an "Application for Replacement Naturalization/Citizenship Document" (Form N-565) to INS. You may download a Form N-565 by clicking here or by calling the INS Forms Line (1 800-870-3676).
Submit this form with the fee to your local INS office. It may take up to 1 year for you to receive a new certificate. If you have one, you may use your passport as evidence of citizenship while you wait for a replacement certificate.
To obtain a U.S. passport, please visit the Department of State's website by clicking here.
If I am naturalized, is my child a citizen?
Usually if children are Permanent Residents, they can derive citizenship from their naturalized parents. This is true whether the child is a child by birth or adoption.* In most cases, your child is a citizen if ALL of the following are true:
The other parent is also naturalized OR
You are the only surviving parent (if the other parent is dead) OR
You have legal custody (if you and the other parent are legally separated or divorced);
The child was under 18 when the parent(s) naturalized;
The child was not married when the parent(s) naturalized; and
The child was a Permanent Resident before his or her 18th birthday.
If you and your child meet all of these requirements, you may obtain a passport for the child as evidence of citizenship. If the child needs further evidence of citizenship, you may submit an "Application for Certificate of Citizenship" (Form N-600) to INS to obtain a Certificate of Citizenship. (Note: the child may obtain a passport or Certificate of Citizenship at any time, even after he or she turns 18.)
* All adoptions must be completed by the child's 16th birthday in order for the child to be eligible for any immigration benefit, including naturalization.
There is an exception for adopted children under the age of 18 who are adopted with or after a natural sibling by the same adoptive parents.
If I am naturalized but the above situation does not apply to me or my child, how can I apply for citizenship for my child?
In many cases, citizens may apply for citizenship for their children:
(1) Children by birth or adoption who are Permanent Residents
If both parents are alive and still married to each other, but only one parent is a citizen, you may apply for citizenship for your child using an "Application for Certificate of Citizenship" (Form N-600). The child must meet ALL of the following requirements at the time he or she takes the Oath of Allegiance (Note: the Oath may be waived if the child is too young to understand it):
The child is under 18; AND
The child is not married; AND
The Child is a Permanent Resident; AND
The child is in legal custody of the parent who is a citizen.
(2) Children by birth or adoption who are NOT Permanent Residents
If at least one of the child's parents is a citizen, the parent may apply for citizenship for the child using an "Application for Certificate of Citizenship" (Form N-600). The child must meet ALL of the following requirements at the time he or she takes the Oath of Allegiance. Note: the Oath may be waived if the child is too young to understand it):
The child is under 18; and
The child is not married; and
The child is lawfully present in the United States in a non-resident status (e.g., with a B-2 or F-1 visa); and
The child is in legal custody of the parent who is a citizen;
The citizen parent has lived at least 5 years in the United States and at least 2 of these 5 years in the United States were after the citizen parent's 14th birthday.
In some cases, a child may have a parent who is a U.S. citizen but who has not lived in the United States for at least 5 years, 2 of which were after the citizen parent's 14th birthday. In these cases, the U.S. citizen parent may apply for citizenship for the child using an "Application for Certificate of Citizenship" (Form N-600). The child must meet ALL of the following requirements at the time he or she takes the Oath of Allegiance (Note: the Oath may be waived if the child is too young to understand it):
The child is under 18;
The child is not married;
The child is lawfully present in the United States in a non-resident status (e.g., with a B-2 or F-1 visa);
A U.S. citizen parent has a parent (the child's grandparent) who is also a U.S. citizen;
The child is in legal custody of the U.S. citizen parent whose parent is also a U.S. citizen;
The U.S. citizen grandparent lived at least 5 years in the United States; and
At least two of these years in the United States were after the citizen grandparent's 14th birthday.
I lost my Naturalization Certificate and I need to travel outside the U.S., how can I obtain proof of my citizenship so that I can apply for a U.S. passport with the Department of State?
You should file an INS Form N-565 (Application for Replacement Naturalization Citizenship Document) with your local office to replace the lost certificate. You may also contact the Department of State for information on how to obtain a passport.
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