Acquisition of U.S. Citizenship by Birth in the United States

By being born in the US, a person automatically becomes a citizen of US. All that they need to do is to document this distinguished status so as to enjoy the various rights. This can be in the form of a US passport which is entitled only to US citizens. This will serve as a perfect and adequate proof of identification for any purposes.

In order to become a citizen at birth, a person should have either

• been born in the US  or its territories or any of its outlying possessions
• Had US citizen parent/parents, who were citizens at the time of their birth, if they were born outside the US, besides satisfying other requirements.

Facts about Citizenship

There are several occasions when people do not even realize that they have become US citizens. There are people who are born in the United States, but have spent most of their lives outside the US. These people believe that they have lost their citizenship status but what they tend to forget is that they have automatically acquired it by their birth in the US. Children who were not born in the US but have US citizen parents or grandparents can very easily acquire the citizenship status from their ancestors.  Children who are born to diplomats and other government officials (citizens of some other country) from foreign countries cannot become US citizens automatically even if they are born on US soil.

US Citizenship by Birth

Birth in the US is considered a great privilege as it makes that person a US citizen automatically. This is the reason why many immigrant mothers prefer to deliver their babies inside the US, even if they do not have the status of a citizen. Even if they are not able to enjoy the rights and other opportunities, they ensure that their children get it. This acquisition of the US citizenship by virtue of birth is referred to as birthright citizenship.

US citizenship is a matter of federal law and is governed by the US Constitution. The citizenship clause (after the adoption of the fourteenth amendment) states that ‘All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.’

Who can acquire this citizenship?

The US Federal Law defines the following 10 categories of people who automatically become US citizens by their birth in the US.

• A person born in the US and subject to its jurisdiction
• A person born in the US to a member of any of these tribes - Indian, Eskimo, Aleutian, or any other aboriginal tribe. This is a result of the Indian Citizenship Act of 1924
• A person, who is found in the US with unknown parentage, while still under the age of 5 until proved to have been born elsewhere before his/her 21years
• A person born in any outlying possessions of the US, with one of the  parents as a US citizen and who has been physically present in the US or the outlying possessions for a continuous period of time prior to the birth of that person.

Once a person has become a US citizen by birth, they continue to do so till their entire lifetime until and unless they get naturalized as a citizen of some other nation or voluntarily renounce it.

Documenting the Acquired Citizenship Status

Claiming citizenship through US citizen parents

A child who is born abroad automatically becomes a U.S. citizen when both his/her parents are U.S. citizens and one of them has resided in the U.S.A. before the birth of the child. In case one of the child’s parents is only a U.S. citizen then that parent should have been in the U.S. for at least 5 years (not less than that) and two years should have been before the parent was 14 yrs of age.  

Any child who is born outside the U.S. and who has claims over U.S. citizenship through his/her parents can file form N-600 (Application for certificate of citizenship). In that aspect, any child born outside the U.S. to U.S. citizen parent/parents and who meet the other eligibility criteria before their 18th birthday can file in N-600 at any point of time in their life. In case the child is under 18years of age, then the N-600 has to file on behalf of them by the child’s U.S. citizenship parent.

Claiming U.S. citizenship through action of law

A person should satisfy the following conditions in order to get citizenship by action of law if they are born outside the U.S. to U.S. citizen parents.

• At least one parent should have been a U.S. Citizen either by birth or through naturalization
• The applying individual should be currently living in the U.S. with his/her U.S. citizen parents.  
• The applying individual should be the biological child and in the legal custody of the U.S. citizen before becoming a 16 yr. old
• The person should have been born out of wedlock that was not legitimated and whose mother has got naturalized as a U.S. citizen.

Citizenship Application Process

The applicant should file in Form N-600 with all the necessary documents for proof and submit it in a USCIS office that has jurisdiction over his/her area of residence.

Acquisition of U.S. Citizenship By A Child Born Abroad

Getting US citizenship by birth is the easiest way of becoming a US citizen. Children who are born either in the US automatically become US citizens and all that they need to do is to just document their citizenship status. Children who are born out of the US to US citizen parent or parents also become US citizens automatically if they satisfy certain eligibility criteria.

Process of acquiring US Citizenship for a child who is born abroad

The first and the most important step that should be done is to report the birth of the child to a US consulate when it is born outside the US to US citizen parents. This should be done in order to get a Consular Report of Birth Abroad (FS-240) from the US Embassy or consulate.  It will serve as an official record of the child’s claim to US citizenship.

   

Know about the Consular report of birth abroad

This report can be created only at an overseas American consular office while the child is still under the age of 18. An original report of the birth is issued to the parents once the child’s birth has been reported and approved. The parents may request multiple copies, or a replacement at any time. In case the child is born in a location – Puerto Rico, US Virgin Islands, American Samoa, Guam and Swains Island, then this report of birth should be obtained from the respective Vital Records office.

Previously a Certification of Report of Birth (DS-1350) was issued to children born abroad. This was replaced by the Consular report of birth abroad from December 31, 2010. However the previously issued certificates are also valid as a proof of their birth, identity and citizenship.

Sponsoring an Employee for a Green Card

There are various ways through which a foreign national can become an immigrant. One of them is when an employer sponsors an alien for immigration to the United States. This article would discuss more on this aspect.

The first thing that comes to many prospective employers' minds would be, “How do I sponsor an employee green card?” Much would depend on the the immigration proces which in this case is a multi layered one.

The first step in sponsoring an employee for a green card is to check if the employee is eligible for permanent residency in the United States. Most category of employment would require a Labor Certification from the Department of Labor.

As a first step in sponsoring an employee green card is that the employer should file Form I -140
(Petition for Alien Worker) with the USCIS which should be approved by them. Then the employee has to be provided an immigrant visa number by the State Department. This is mandatory even if the employee is already in the United States.

On providing the visa number and if the applicant is already in the United Staes, he/she has to file Form I 485 to adjust their status to permanent residency. The applicant, if outside the United States when the visa number is made available will have to go the local consular office to complete the immigrant application process.

An employer may file for his employee (who is within or outside the United States) if he/she falls under any of these categories:

EB-1 Priority workers

EB-2 Professionals who possess advanced degrees or persons with exceptional ability

EB-3 Skilled or professional workers

EB-4 Special Immigrants

What does the petition do for an employee?

From the employer's perspective, you will establish an intent to hire the employee when you file the petition. This gives the employee an opportunity to apply for an immigrant visa status as soon as the visa number is made available.

As an employer it is prudent to file the petition as soon as the employee's eligibility is verified as this will establish the employee's eligibility and your intent to hire the employee when you file the petition. This gives the employee an opportunity to apply for immigrant status as soon as a visa number becomes available.

The wait period would generally depend on where in line the application is. If the priority date has reached the head of the line, the employee would be invited by the USCIS to apply for the visa. If the employee is already in the United States legally and has met all the citizenship eligibility requirement he/she can file for the adjustment of status if the visa number is currently available.

The employer cannot file for an employee's spouse or children. However when the employee is invited to apply for a visa, his spouse or children can apply for the immigration visa or to adjust the status at the same time.

After the application is mailed to the USCIS it will be taken up for initial processing. USCIS will then mail a receipt notice that is proof that the petition has been received. It is advisable that all the details are provided correctly. If for any reasons the application is incomplete, not signed or has the incorrect fees, the application would be rejected.

USCIS will inform its decision in writing. If the petition has been approved it would imply that the employee's eligibility for the visa classification has been approved.

How To Replace Your Green Card

The Green Card (USCIS Form I-551), also known as Permanent Resident Card, is a proof of permanent resident status in the United States. Without a valid card, it may be difficult for you to prove that you are a permanent resident, and it might affect your ability to travel or to prove your eligibility to work in the United States.



When do you need to replace your Green Card?



You are required to apply for a replacement Green Card in the following reasons and situations:

*If any information on your card needs to be changed, for example, if your name has legally changed due to marriage or divorce;



*If your card has been lost, stolen, or damaged;



*If you became a permanent resident before you turned 14 years old. You are required to replace your card when you become 14 years old;



*If your card is about to expire. This does not apply to you if you are a conditional permanent resident whose green card is about to expire (see below);



*If your Permanent Resident Card was issued with incorrect information because of an administrative error made by the USCIS;



*If you never received the previous card that was issued to you by U.S. Citizenship and Immigration Services (USCIS);



*If you have a previous version of the alien registration card which is no longer valid (e.g., USCIS Form AR-3, Form AR-103 or Form I-151)

What are the Advantages of US Citizenship?

There are many advantages of being a U.S. citizenship. Becoming a U.S. citizen entitles one to benefits that are not available to Green Card holders including the right to vote, the ability to travel with a US passport, and preference in sponsoring relatives for US citizenship.



One of the advantages of U.S. citizenship is the right to vote in local and national elections. By voting, U.S. citizens can influence local, state, and federal politics. They can elect political representatives and make their voices heard on taxes, schools, and foreign policy, among other issues. U.S. citizens can also be elected to public office. Additionally, they are eligible for certain unelected government jobs and certain jobs requiring security clearances that are not available to Green Card holders. U.S. citizens can make a big impact in the accountability and efficiency of the U.S. government.



US citizens can spend as much time as they like outside of the U.S. with no immigration consequences. Green Card holders may lose their status as permanent residents if they spend too much time outside of the U.S. because of certain legal requirements to be physically present in the U.S.. If Green Card holders lose their status, they have to start the process of permanent residence all over again, which takes time and costs money.



A more intangible advantage of U.S. citizenship is the sense of belonging that citizens feel. Obtaining citizenship helps people feel a part of the community of the United States of America. It is one of many ways to demonstrate commitment to the country and its ideals.

Claiming U.S. Child Citizenship at Birth

Becoming a US citizen is the ultimate dream of many immigrants. It is not an easy process and cannot be achieved in a short period of time. One has to first become a permanent resident and satisfy several eligibility criteria in order to get the citizenship status. However, people who are born in the US are lucky in this aspect as they automatically become US citizens by being born in the US.

How to acquire US citizenship by birth?

When a child falls under any of the below mentioned category, then it indicates that the child has become a US citizen by birth.

• The child should have been born in the US or the outlying US territories
• In case the child is born outside the US, it should have one parent or both the parents as US citizens at the time of its birth.

In order to document their citizenship they need to file in Form N400 (Naturalization certificate) if they were born in the US and Form N-565 – Certificate of citizenship if they were born outside the US to US citizen parent/ parents. The latter type is referred to as derived or acquired citizenship.

What happens when a child is born abroad to US citizen parents?

This kind of a birth should be immediately reported to the nearest US embassy so that an official record of the child’s birth can be issued in the form of a Consular Report of Birth Abroad.  This can be obtained overseas when the child is still under 18 yrs of age.  Both the Consular Report of Birth and the Certificate of Citizenship are equally acceptable as proof of the US citizenship status.

Process of claiming US citizenship

Using N-600

When a person has been born outside the US to US citizen parent/parents, then he/she automatically becomes a US citizen if

• At least one parent is a US Citizen by birth or through the process of naturalization process
• The child currently resides in the U.S. with his/her US citizen parent
• The child  is still under 18yrs of age
• The child is the biological offspring who is now in the legal custody of the U.S. citizen parent prior before reaching his/her 16th birthday
• The child is the biological offspring who was born out of wedlock without having been legitimated and whose mother has become US citizen through the process of naturalization process.
• The child has been living consistently in the US after becoming a  permanent resident
• Of both the child’s parents, the parent who has been awarded  both the legal and physical custody of the child should be a US citizen
• The only surviving parent should be a  US citizen by naturalization.
• If both the child’s parents are US Citizens and one of them has resided in the US prior to the child’s birth.
• If one of the child’s parent is a foreign national and the other is a US citizen who had been physically present in the US for a period not less than five years before the child’s birth. At least two of those years should have been after the parent’s 14^th year

If the child who is claiming for citizenship is below 18 yrs of age on February 27, 2001, but does not meet up with all the above mentioned criteria, then the child can file in Form N-400 to get naturalized as a US citizen. For that he/she needs to become 18 years or older than that and become a permanent resident besides satisfying several other criteria and qualify for it.