Chapter 2: Becoming a U.S. Citizen

A person may derive or acquire U.S. citizenship at birth. Persons who are born in the United States and subject to the jurisdiction of the United States are citizens at birth. Persons who are born in certain territories or outlying possessions of the United States are also eligible for citizenship at birth. In general, this includes persons born in:

• Puerto Rico on or after April 11, 1899^[1] See INA 302.

• Canal Zone or Republic of Panama on or after February 26, 1904^[2] See INA 303. (One parent must have been a U.S. citizen).

• Virgin Islands on or after January 17, 1917^[3] See INA 306.

• Guam born after April 11, 1899 (if residing in Guam or territory on August 1, 1950)^[4] See INA 307.

Persons born in American Samoa and Swain Island are generally considered nationals but not citizens of the United States.^[5] See INA 308.

In addition, persons who are born outside of the United States may be U.S. citizens at birth if one or both parents were U.S. citizens at their time of birth. Persons who are not U.S. citizens at birth may become U.S. citizens through naturalization. Naturalization is the conferring of U.S. citizenship after birth by any means whatsoever.

In general, an applicant files a naturalization application and then USCIS grants citizenship after adjudicating the application. In some cases, a person may be naturalized by operation of law. This is often referred to as deriving citizenship. In either instance, the foreign citizen or national must fulfill all of the requirements established by Congress. In most cases, a person may not be naturalized unless he or she has been lawfully admitted to the United States for permanent residence.

Deciding to become a U.S. citizen is one of the most important decisions an immigrant can make. Naturalized U.S. citizens share equally in the rights and privileges of U.S. citizenship. U.S. citizenship offers immigrants the ability to:

• Vote in Federal elections

• Travel with a U.S. Passport

• Run for elective office where citizenship is required

• Participate on a jury

• Become eligible for federal and certain law enforcement jobs

• Obtain certain State and Federal benefits not available to noncitizens

• Obtain citizenship for minor children born abroad

• Expand and expedite their ability to bring family members to the United States