Citizenship Law - Naturalization Law
Naturalization or Citizenship Law deals with the legal process of a person taking on citizenship in a country other than the one of his or her birth. The process of becoming a citizen of another county is called naturalization, while citizenship is technically the body of rights, privileges and duties a naturalized citizen obtains.
The Immigration and Nationality Act is the primary source of American naturalization and citizenship law. Generally speaking, a person can become a United States citizen in one of four ways:
1. By being born in the United States (or one of its territories);
2. By being born to parents who are US citizens;
3. By being naturalized (which usually involves certain residency requirements and passing a citizenship test); or
4. By being a minor and having one or more of your parents become naturalized citizens.
For more information about becoming a citizen, you may refer to the resources found below. Additionally, you can find an attorney in your area who can assist you with your naturalization and citizenship issues or answer any other questions you may have by clicking on the “Law Firms” tab found above on the menu bar.
Articles on HG.org Related to Citizenship Law
- Permissible Activities While on B2 StatusThe B2 nonimmigrant visa classification is if for temporary visitors for pleasure. There are limited activities in which a B2 nonimmigrant may engage in while on B2 status without violating status. In this article, we will review permissible and impermissible activities while on B2 status.
- Inadmissible AdmissionIn order to be “admitted” into the United States as the term is defined in section 101(a)(13)(A) of the Immigration and Nationality Act (INA), an alien must make a lawful entry into the United States “after inspection or authorization by an immigration officer.”
- Waivers for Fraud or MisrepresentationUnder section 212(a)(6)(C)(i) of the Immigration and Nationality Act (INA), an alien who is found to have procured or to have sought to procured a benefit under the INA through fraud or willful misrepresentation of a material fact is inadmissible for life. However, under section 212(i) of the INA, there are limited waivers available from this very serious inadmissibility ground.
- U Visa Law Enforcement CertificationThe U nonimmigrant visa category is for certain victims of particularly serious crimes who cooperate with law enforcement in the investigation or prosecution of the criminal activity. In order to be eligible for a U visa, the applicant must obtain what is called “law enforcement certification” on the Form I-918, Supplement B.
- "Parole In Place" for Family Members of U.S. Military Service Members and Former U.S. Military Service MembersThe Attorney General has limited discretionary authority to grant parole to an alien who is in the United States without an immigration status. This exercise of parole is called “parole in place.”
- Rules for Using a TPS-Related EAD While Holding a Valid Non-Immigrant StatusAn alien who is granted temporary protected status (TPS) may obtain an Employment Authorization Document (EAD) along with TPS. Furthermore, he or she may maintain a valid nonimmigrant status along with TPS. Certain non-immigrant statuses limit or outright prohibit the employment that the non-immigrant may engage in while on status.
- Modular Container Systems and the “Totality of the Circumstances" TestWhen seeking labor certification for an employment-based immigrant visa, the following relationships will subject the labor certification application to high scrutiny:
- The Selective Service Requirement and ImmigrationMale U.S. citizens, lawful permanent residents (LPRs), and undocumented aliens between the ages of 18 and 25 are required to register for with the Selective Service System (SSS). The law requires that registration occur within 30 days of the person’s eighteenth birthday, but late registrations are accepted prior to the person turning 26 years of age.
- E2 Treaty Investors VisaThe E-2 (E2) Treaty Investors visa is a nonimmigrant visa for certain nationals of countries with which the United States maintains a treaty of commerce and navigation. The E2 visa is available for investors and for employees of E2 treaty investors or companies that, by virtue of their ownership and operations in the United States, can qualify as E2 petitioners. This article will provide a brief overview of the E2 visa category.
- Reinstatement of RemovalThe Department of Homeland Security (DHS) has discretion to reinstate a prior removal order when an alien reenters the United States illegally after having been removed previously or having left under a grant of voluntary departure under a removal order. If an alien is subject to summary removal, he or she will not be entitled to a hearing before an immigration judge. Depending on the situation, there may be limited forms of relief available to the alien from reinstatement of removal.
- All Immigration Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Immigration including: extradition, green cards, naturalization and citizenship, visas, work permits and visas.
Citizenship Law - US
- ABA - Immigration And Naturalization Committee
The Committee considers matters of administrative law, procedure, and practice relating to immigration, naturalization, and aliens.
- Aliens and Nationality
Title 8 of the United States Code outlines the role of aliens and nationality in the United States Code.
- Aliens and Nationality (Title 8)
- Board of Immigration Appeals
The Board of Immigration Appeals (BIA or Board) is the highest administrative body for interpreting and applying immigration laws. It is authorized up to 15 Board Members, including the Chairman and Vice Chairman who share responsibility for Board management. The Board is located at EOIR headquarters in Falls Church, Virginia. Generally, the Board does not conduct courtroom proceedings - it decides appeals by conducting a "paper review" of cases. On rare occasions, however, the Board does hear oral arguments of appealed cases, predominately at headquarters.
- Citizenship and Naturalization Based Forms
This page provides you with basic information on Immigration Forms. For more specific information on each form, please see the specific information page for that form. USCIS provides most public use forms free of charge through this website in Adobe Portable Document Format (PDF).
- Citizenship Through Naturalization
Naturalization is the process by which U.S. citizenship is granted to a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA). In most cases, an applicant for naturalization must be a permanent resident (green card holder) before filing. Except for certain U.S. military members and their dependents, naturalization can only be granted in the United States.
- Immigration and Nationality Act
The Immigration and Nationality Act, or INA, was created in 1952. Before the INA, a variety of statutes governed immigration law but were not organized in one location. The McCarran-Walter bill of 1952, Public Law No. 82-414, collected and codified many existing provisions and reorganized the structure of immigration law. The Act has been amended many times over the years, but is still the basic body of immigration law.
- Office of Citizenship
The Office of Citizenship will provide federal leadership, tools, and resources to proactively foster immigrant integration. We will engage and support partners to welcome immigrants, promote English language learning and education on the rights and responsibilities of citizenship, and encourage U.S. citizenship.
- Office of the Chief Immigration Judge
The Office of the Chief Immigration Judge oversees the administration of the Immigration Courts nationwide and exercises administrative supervision over Immigration Judges. Immigration Judges are responsible for conducting Immigration Court proceedings and act independently in deciding matters before them. Immigration Judges are tasked with resolving cases in a manner that is timely, impartial, and consistent with the Immigration and Nationality Act, federal regulations, and precedent decisions of the Board of Immigration Appeals and federal appellate courts.
- United States Nationality Law - Wikipedia
Article I, section 8, clause 4 of the United States Constitution expressly gives the United States Congress the power to establish a uniform rule of naturalization. The Immigration and Naturalization Act sets forth the legal requirements for the acquisition of, and divestiture from, citizenship of the United States. The requirements have become more explicit since the ratification of the Fourteenth Amendment to the Constitution, with the most recent changes to statutory law having been made by the United States Congress in 2001.
- US Citizenship and Immigration Services (USCIS)
USCIS will secure America’s promise as a nation of immigrants by providing accurate and useful information to our customers, granting immigration and citizenship benefits, promoting an awareness and understanding of citizenship, and ensuring the integrity of our immigration system.
- US Immigration Support
U.S. Immigration Support is a leading publisher of legal books and immigration guides. Our mission is to help immigrants through the complex United States immigration system with our do-it-yourself immigration guides. We are dedicated to providing the most current information on immigration to the United States, including U.S. visas, Green Cards and citizenship application guides
- US State Department Services Dual Nationality
The concept of dual nationality means that a person is a citizen of two countries at the same time. Each country has its own citizenship laws based on its own policy.Persons may have dual nationality by automatic operation of different laws rather than by choice. For example, a child born in a foreign country to U.S. citizen parents may be both a U.S. citizen and a citizen of the country of birth.
- USDOJ - Recognition and Accreditation Roster
Under 8 C.F.R. § 292.1 and 1292.1, persons entitled to represent individuals in matters before the Department of Homeland Security ("DHS"), and the Immigration Courts and Board of Immigration Appeals ("Board"), or the DHS alone, include, among others, accredited representatives. Any such representatives must be designated by a qualified organization, as recognized by the Board. A recognized organization must apply to the Board for accreditation of such a representative or representatives.
Publications Related to Citizenship Law
- Certificate of Naturalization Application Guide
The United States Certificate of Naturalization Application Guide was developed to help naturalized U.S. citizens complete and file their own requests for a copy of their Certificate of United States Naturalization. This is a clear, step-by-step guide that explains how to efficiently and quickly obtain a copy of your certificate of United States Naturalization. Please note, you should only apply for a replacement certificate if your current certificate of naturalization is incorrect, lost, mutilated, or destroyed.
- Study Materials for the Naturalization Test
During your naturalization eligibility interview, a USCIS officer will test your ability to read, write, and speak English (unless you are exempt from the English requirements). You will also be given a civics test in English (to test your knowledge and understanding of U.S. history and government) unless you are exempt. Even if exempt from the English test, you will need to take the civics test unless you qualify for a waiver. You may also be eligible to take the civics test in your native language with the assistance of an interpreter if you qualify.
- US Citizenship Test Study Guide
The U.S. Citizenship Test is a required step in the naturalization process. All U.S. citizenship applicants, with some exceptions, must pass the citizenship test before taking the Oath of Allegiance and officially becoming United States citizens. The U.S. Citizenship Test Study Guide was developed by U.S. Immigration Support covers both the current and the new redesigned test including the 100 civics questions and answers. Additional topics making up the naturalization exam include an English oral, reading and writing test in addition to 10 questions about American government, civics, and American history.