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Practice Areas > US Citizenship
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Citizenship Based on 5 Years of Green Card
If you are a green card holder of at least 5 years, you must meet the following requirements in order to apply for naturalization: |
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Citizenship based on Marriage to US Citizen
To be eligible for naturalization pursuant to section 319(a) of the INA, an applicant must: |
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Citizen for Military Personal and Family Members
Members of the U.S. armed forces and their dependents (spouses and children) may be eligible for citizenship, to include expedited and overseas processing, under special provisions of the Immigration
Citizenship for Military Members
Members of the U.S. armed forces may be eligible for citizenship by qualifying for naturalization through military service under Section 328 or 329 of the INA.
Citizenship for Spouses & Children of Military Members
Spouses of U.S. citizen members of the U.S. armed forces who are (or will be) deployed may be eligible for expedited naturalization or for overseas processing. Children of U.S. citizen military members deployed abroad may be eligible for overseas processing.
Citizenship at Birth for Children BornOutside the U.S. and its Territories |
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A Child Born Outside the U.S. is a Citizen at Birth IF... |
AND... |
Both parents were U.S. citizens at the time of birth. |
The parents were married at the time of birth and at least one parent lived in the U.S. or its territories prior to the birth.
If the child was born out of wedlock, other restrictions apply. |
One parent is a U.S. citizen at the time of birth and the birthdate is on or after November 14, 1986 |
The parents are married at the time of birth and the U.S. citizen parent had been physically present in the U.S. or its territories for a period of at least five years at some time in his or her life prior to the birth, of which at least two years were after his or her 14th birthday.
If the U.S. citizen parent spent time abroad in any of the following three capacities, this can also be counted towards the physical presence requirement:
Serving honorably in the U.S. Armed Forces;
Employed with the U.S. Government; or
Employed with certain international organizations.
Additionally, time spent abroad by the U.S. citizen parent while the U.S. citizen parent was the unmarried son or daughter and a member of the household of a person who meets any of the three conditions listed above can also be counted.
If the child was born out of wedlock, other restrictions apply. |
One parent is a U.S. citizen at the time of birth and the birth day is before November 14, 1986 but after October 10, 1952
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The parents are married at the time of birth and the U.S. citizen parent was physically present in the U.S. or its territories for a period of at least ten years at some time in his or her life prior to the birth, at least five of which were after his or her 14th birthday.
If the U.S. citizen parent spent time abroad in any of the following three capacities, this can also be counted towards the physical presence requirement:
Serving honorably in the U.S. Armed Forces;
Employed with the U.S. Government; or
Employed with certain international organizations.
Additionally, time spent abroad by the U.S. citizen parent while the U.S. citizen parent was the unmarried son or daughter and a member of the household of a person who meets any of the three conditions listed above can also be counted. If the child was born out of wedlock, other restrictions apply. | |
Automatic U.S. Citizenship After Birth - But Before the Age of 18 |
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A Child Born Outside the U.S. is a Citizen after Birth IF... |
AND...
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The child was under 18 or not yet born on February 27, 2001
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At least one parent is a U.S. citizen, the child is currently under 18 and residing in the U.S. in the legal and physical custody of the U.S. citizen parent pursuant to lawful admission for permanent residence.
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The child was under 18 from December 24, 1952 to February 26, 2001
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The child was residing as a Green Card holder in the U.S. and both parents naturalized before the child's 18th birthday; OR
If one parent died, that the surviving parent naturalized before the child turned 18.
If the parents legally separated, that the parent maintaining legal and physical custody naturalized before the child turned 18.
If the child was born out of wedlock and paternity has not been established by legitimation, the mother naturalized before the child turned 18.
NOTE: The order in which the child meets the conditions does not matter so long as the child meets all the conditions before his or her 18th birthday.
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The child was adopted by a U.S. citizen parent
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The child resides legally in the U.S. in the legal and physical custody of the U.S. citizen parent and meets the following conditions after February 27, 2001 but before his or her 18th birthday:
The adoptive parent adopted the child before his or her 16th birthday (or, in some cases, 18th birthday) and had legal custody of the child and resided with the child for at least two years; OR
The child was admitted to the United States as an orphan or Convention adoptee whose adoption by his or her U.S. citizen parent(s) was fully completed abroad; OR
The child was admitted to the United States as an orphan or Convention adoptee who was coming to the United States to be adopted and the child's adoptive parent(s) completed the adoption before his or her 18th birthday.
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