By: Allen E. Kaye

A person may become a U.S. citizen (1) by birth or (2) through naturalization.

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" to get a Certificate of Citizenship. You may call the USCIS 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 USCIS 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.

If you are not a U.S. citizen by birth or did not acquire U.S. citizenship automatically after birth, you may still be eligible to become a citizen through the normal naturalization process. People who are 18 years and older use the "Application for Naturalization" (Form N-400) to become naturalized. Persons who acquired citizenship from parent(s) while under 18 years of age use the "Application for a Certificate of Citizenship" (Form N-600) to document their naturalization . Adopted children who acquired citizenship from parent(s) use the "Application for a Certificate of Citizenship on Behalf of an Adopted Child" (Form N-643) to document their naturalization. You may click here to download forms or you may call the Forms Line at 1(800) 870-3676 to request Form N-400, N-600, or N-643.

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.

You should use an "Application for Naturalization" (Form N-400).

Yes. You should always be honest with Immigration 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, Immigration may deny your application if you do not tell the Immigration officer about the incident. It is extremely important that you tell Immigration about any arrest even if someone else has advised you that you are not required to do so.

You should send your completed "Application for Naturalization" (Form N-400) to the appropriate USCIS Service Center. For information about the Service Center that serves your area, please refer to the state map under Where Do I Apply? Remember to make a copy of your application. DO NOT send original documents with your application unless the checklist on page 34 states that an original is required.

Some people with disabilities need special consideration during the naturalization process. USCIS 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. USCIS makes decisions about making accommodations on a case-by-case basis.

You must pay your application fee with a check or money order drawn on a U.S. bank in U.S. dollars payable to "USCIS."

• 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 USCIS denies your case.

The time it takes to be naturalized varies from one local office to another. In 1997, it many places, it took over 2 years to process an application. USCIS continues t improve the naturalization process. As of October 2001, USCIS reported that it takes, on average, between 6 and 9 months to become naturalized.

After USCIS has received your application, we will notify you of the location where you should get fingerprinted.

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 USCIS, we will "administratively close" your case. Unless you contact USCIS to schedule a new interview within 1 year after USCIS closes your case, we will deny your application. USCIS will NOT notify you if we close your case because you missed your interview.

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, USCIS will notify you of the ceremony date with a "Notice of Naturalization Oath Ceremony" (Form N-445).

If you cannot go to the oath ceremony, you should return the "Notice of Naturalization Oath Ceremony" (Form N-445) that USCIS 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 USCIS. 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.

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).

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.

You may get a new Certificate of Naturalization by submitting an "Application for Replacement Naturalization/Citizenship Document" (Form N-565) to USCIS.

Submit this form with the fee to your local USCIS 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.

No, you only need to renew your Permanent Resident Card when it expires.

A child who is born in the United States, or born abroad to a U.S. citizen(s) who lived in (or came to) the United States for a period of time prior to the child's birth, is considered a U.S. citizen at birth.

A child who is:

• born to a U.S. citizen who did not live in (or come to) the United States for a period of time prior to the child's birth, or
  
  
• born to one U.S. citizen parent and one alien parent or two alien parents who naturalize after the child's birth, or
  
  
• adopted and is permanently residing in the United States can become a U.S. citizen by action of law on the date on which all of the following requirements have been met:

If you and your child meet all of these requirements, you may obtain a U.S. 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 USCIS to obtain a Certificate of Citizenship. If the child meets the requirements of Section 101(b)(1) of the Immigration and Nationality Act as an adopted child, you may submit an "Application for Certificate of Citizenship on Behalf of an Adopted Child" (Form N-643). (Note: a child who meets these requirements before his or her 18th birthday may obtain a passport or Certificate of Citizenship at any time, even after he or she turns 18.)

*NOTE - Children who immigrate in the "IR-3" or "IR-4" categories must have had an immigrant petition filed on their behalf before their 16th birthday; see answers to Question 25 below. All adoptions for any other type of immigration benefit, including naturalization, must be completed by the child's 16th birthday, with one exception: A child adopted while under the age of 18 years by the same parents who adopted a natural sibling who met the usual requirements.

**NOTE - The "one U.S. citizen parent" rule only applies to children who were under age 18 on or after February 27, 2001. For children claiming automatic citizenship prior to this date, the individual in certain cases would have to establish that the parent or parents who were not U.S. citizens by birth had naturalized (or that the naturalizing parent was separated or legally divorced and had legal custody of the child).

A child who is regularly residing IN the United States can become a citizen of the United States only by meeting the requirements listed in the answer to Question 24 above. If a child regularly resides IN the United States and is not a lawful permanent resident, he or she cannot acquire citizenship automatically until he or she is granted lawful permanent residence. If a child who has been lawfully admitted for permanent residence fails to qualify for citizenship under the provisions of law, the child may apply for naturalization by filing an N-400 after reaching 18 years of age, provided that he or she has the required 5 years of lawful permanent residence.

U.S. citizens may apply for citizenship for their children by birth or adoption who do NOT regularly reside in the United States, if all of the following conditions are met:

• The child is under 18 years of age; and
• The child is not married; and
• The child regularly resides outside the United States; and
• The child is temporarily present in the United States pursuant to a lawful admission and is maintaining such lawful status; and
• The child is in legal and physical custody of a parent who is a U.S. citizen; and
• The child is the U.S. citizen's legitimate child, or was legitimated before the child's 16th birthday (stepchildren or children born out of wedlock who were not legitimated before their 16th birthday are not eligible for this procedure); and
• If adopted, the child meets the requirements of section 101(b)(1)(E) or (F) and had a full and final adoption; and either of the following is true:

• is also a U.S. citizen; and
• lived in the United States for 5 years, at least 2 of which were after the citizen grandparent's 14th birthday; and
• is still living at the time of the adjudication of the application and the taking of the Oath.

If the foregoing conditions are met, the citizen parent can apply for a certificate of citizenship in behalf of a legitimate or legitimated child using an "Application for Certificate of Citizenship" (Form N-600) or, in the case of an adopted child, an "Application for Certificate of Citizenship on Behalf of An Adopted Child" (Form N-643). If the citizen parent is relying on the grandparent's physical presence in the United States, the citizen parent should also submit Form N-643, Supplement A. Both the citizen parent and the child must appear at an interview with an Immigration officer in the United States. The child must meet ALL of the required conditions at the time when he or she takes the Oath of Allegiance (Note: the Oath may be waived if the child is too young to understand it).

A person who became a U.S. citizen through one of the scenarios described in # 24 above can be issued a Certificate of Citizenship at any time in his or her life as long as he or she has not gone through the difficult procedure of renouncing U.S. citizenship. If the person has not yet reached their 18th birthday, a legal guardian can file the application. If the person has reached their 18th birthday, either the person or a legal guardian can file the application.

A child who could have been the beneficiary of an application filed through the procedure described in # 25 above, except for the death of a U.S. citizen parent, can become a U.S. citizen and can be issued a Certificate of Citizenship, if the following conditions are met:

• The application must be filed within five years of the death of the U.S. citizen parent; and
• The application must be filed by either a U.S. citizen grandparent or a U.S. citizen legal guardian; and
• The child is under 18 years of age; and
• The child is not married; and
• The child regularly resides outside the United States; and
• The child is temporarily present in the United States pursuant to a lawful admission and is maintaining such lawful status at the time of the interview and adjudication of the application; and
• The person in whose legal and physical custody the child lives with outside the United States does not object to the application; and
• The child was the U.S. citizen's legitimate child, or was legitimated before the child's 16th birthday (stepchildren or children born out of wedlock who were not legitimated before their 16th birthday are not eligible for this procedure); and
• If adopted, the child meets the requirements of section 101(b)(1)(E) or (F) and had a full and final adoption; and
• The citizen parent has lived at least 5 years in the United States, and at least 2 of which were after the citizen parent's 14th birthday; or
• If the child's citizen parent has not lived in the United States for at least 5 years, 2 of which were after that parent's 14th birthday, at the time of the citizen parent's death the citizen parent had a parent (the child's grandparent) who:

Once all of the requirements have been met, any U.S. citizen grandparent or duly appointed U.S. citizen legal guardian can file an application on behalf of an eligible child. The child must be residing outside the United States in order to be eligible for this benefit, but the applicant can reside in or outside the USA. Although the cutoff date for applications pursuant to 322 filed by a citizen grandparent or by a citizen legal guardian is five years after the death of the citizen parent, the joint interview of the applicant and the child beneficiary can be conducted at any Immigration Office in the United States that conducts these interviews at any time while the child is still under the age of eighteen years.

Selective Service registration allows the United States Government to maintain a list of names of men who may be called into military service in case of a national emergency requiring rapid expansion of the U.S. Armed Forces. By registering all young men, the Selective Service can ensure that any future draft will be fair and equitable.

Federal law requires that men who are at least 18 years old, but not yet 26 years old, must be registered with Selective Service. This includes all male non-citizens within these age limits who permanently reside in the United States. Men with "green cards" (lawful permanent residents) must register. Men living in the United States without Immigration documentation (undocumented aliens) must also register. But men cannot register after reaching age 26.

Why Do I Need to Register with the Selective Service?

Failure to register for the Selective Service may (in certain instances) make you ineligible for certain immigration benefits, such as citizenship.