“America’s welcoming society is more than a cultural tradition. It is a fundamental promise of our democracy. Our Constitution does not limit citizenship by background or birth. Instead, our nation is bound together by a shared love of liberty and a conviction that all people are created with dignity and value. Through the generations, Americans have upheld that vision by welcoming new citizens from across the globe - and that has made us stand apart.”
− President George W. Bush
The 14th Amendment states that “All persons born or naturalized in the U.S., and subject to the jurisdiction thereof, are citizens of the U.S. and the State wherein they reside.” The United States Supreme Court has established that the “citizenship clause” applies to any child born in the United States regardless of the parents’ immigration status. Thus, children born in the U. S. to tourists, or even illegal aliens, are U.S. citizens at birth. Children born outside of the U.S. may also qualify for citizenship at birth depending on whether one or both of the parents are U.S. citizens, whether the parents ever lived in the U.S., and whether the parents were married. Because the rules for such citizenship have changed several times during the last century, different standards apply for citizenship based on a person’s date of birth.
U.S. citizenship comes with substantial benefits. U.S. citizens enjoy U.S. government protection even when outside of the U.S., have the right to vote for their government, and are able to travel freely with their U.S. passports. Citizens are not limited on the amount of time they spend outside the U.S. and cannot be deported, even if they commit a crime. U.S. citizens are able to receive more financial benefits than permanent residents. Citizens have full Social Security benefits regardless of where they retire, while permanent residents only receive half of their benefits if they retire abroad. Citizens are also eligible for financial aid and grants, including many college scholarships.
With the benefits of citizenship come substantial responsibilities. Male citizens and permanent residents between the ages of 18 and 26 must register for the Selective Service, even though there is currently no draft and military service is voluntary. U.S. citizens must serve as jurors when called upon.
One of the most appealing benefits to citizenship is the ability to sponsor family members and bring them to the U.S. Citizens can sponsor parents, a spouse and minor children without quotas, limits, or priority dates to live in the U.S. as permanent residents. Citizens can also sponsor unmarried children over age 18 and brothers and sisters for permanent residency, but there is a lengthy waiting time for them.
People who are not born in the U.S. can still become U.S. citizens through naturalization, or the formal process used to grant citizenship. Those who seek to be naturalized must be 18 years old or older. There are four residence requirements for naturalization:
Children under age 18 who are in the legal custody of a naturalized parent automatically become citizens.
In addition to these requirements, a person who seeks to be naturalized must be of good moral character and able to read, write, and speak basic English. Citizenship also requires a basic understanding of U.S. history and the U.S. government. There are a few exceptions to these requirements, but the tests are certainly not burdensome, as many schools and community organizations help people prepare for these tests. Additionally, study materials are available at www.USCIS.gov.
To start the paperwork for citizenship, an Application for Naturalization is filed with U.S. Citizenship and Immigration Services (USCIS), along with supporting documents. This form generally takes the USCIS 6-9 months to process. Any document not in English requires a translation, and the USCIS charges a fee of $400 to process the application.
Once the application is filed, USCIS takes the applicant’s fingerprints and does a criminal background check. After the background check, an interview with USCIS is scheduled. USCIS will send notice indicating the date, time, and place of the interview. USCIS should be notified if the applicant moves so the interview notice is sent to the correct address.
Applicants must bring the following forms of identification to the interview: passport, Permanent Resident Card, and any re-entry permits. At the interview, the USCIS officer will place applicants under oath and question them. The officer may ask about background, anything on the application, and about a willingness to take the Oath of Allegiance to the United States.
During the interview, the officer tests English language skills by asking the applicant to read and write short sentences. Knowledge of U.S. history and government may be tested in an oral quiz or written test with up to 20 questions.
After the interview, the officer provides information about the results. Sometimes the officer will grant citizenship immediately, and other times will put a case on hold or continue it. The most common reasons to continue a case are failure to give USCIS necessary documents or failing one of the tests. If USCIS continues the case, the applicant will need to submit necessary documents or retake the test. If USCIS denies the case, written notice explaining why is provided.
A person undertaking the naturalization process is not a citizen until sworn in. If a naturalization application is approved and a person is not sworn in immediately, USCIS will schedule a swearing-in ceremony. At a swearing-in ceremony, USCIS takes Permanent Resident Cards and provides Certificates of Naturalization. A Certificate of Naturalization and a completed application must be submitted to obtain a U.S. Passport.
The oath of allegiance taken at a naturalization ceremony is the last step to citizenship. These words have allowed millions to enjoy the promises of America. “As new citizens of the United States, you now walk in the footsteps of millions. And with the oath you’ve sworn, you’re every bit as American as those who came before you,” noted President Bush.