United States citizenship
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Possession of Citizenship
U.S. citizens have the right to participate in the political system of the United States (with reservations for prisoners, ex-prisoners, and naturalized persons), are represented and protected abroad by the United States (through U.S. embassies and consulates), and are allowed to reside in the United States, and certain territories, without any immigration requirements.
Citizens are liable for jury service. Citizens are also required to pay taxes on worldwide income, including income earned while residing abroad (regardless of the duration of the residence). Male U.S. citizens and permanent residents who reach the age of 18 are required to registered under the Selective Service Act (while the U.S. does not actively use conscription, it reserves the right to do so), failure to do so is a criminal offense (Up to 5 years imprisonment, $20,000 fine, and the suspension of Federal educational grants/loans). The United States Government also insists that U.S. citizens travel into and out of the United States on a U.S. passport, regardless of dual nationality.
Acquisition of Citizenship
Natural-born citizens
Most United States citizens are natural-born. Generally, a natural-born United States citizen was born in the United States or born to United States citizens.
Birth within the United States
If one was born in the United States (including, in most cases, Puerto Rico, Guam, the Northern Mariana Islands 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 evidence of your citizenship.
Through birth abroad to two United States citizens
In most cases, you are a U.S. citizen if both of the following are true:
- Both your parents were U.S. citizens when you were born
- 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 or a Certificate of Citizenship to have your citizenship recognized.
Through birth abroad to one United States citizen
In most cases, one is 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 (see note below).
Your record of birth abroad, if registered with a U.S. consulate or embassy, is proof of one's citizenship. You may also apply for a passport or a Certificate of Citizenship to have your citizenship recognised.
Note: 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.
Naturalized citizens
Naturalization is the process by which one becomes a citizen of a country. If you are not a U.S. citizen, you may be eligible to become one through naturalization.
If you become a U.S. citizen through naturalization, then you are not considered a natural-born citizen. Consequently, naturalized U.S. citizens are not eligible to become President of the United States. For example, as of 2005, the current Secretary of Commerce and the current Secretary of Labor cannot succeed to the presidency because they became U.S. citizens through naturalization. Ordinarily, the Secretary of Commerce and the Secretary of Labor are tenth and eleventh in the presidential line of succession, as established by the United States Constitution and the Presidential Succession Act.
Eligibility for naturalization
To become a naturalized United States citizen, you must be a legal permanent resident of the United States, and have resided in the United States for five years before you apply. You must be a "person of good moral character", and must pass a test on United States history and government. Most applicants must also have a working knowledge of the English language.
Nationals who are not citizens
According to 8 U.S.C. ยง1408 it is possible to be a U.S. national without being a U.S. citizen. A person whose only connection to the U.S. is through birth in an outlying possession, (which as of 2005 is limited to American Samoa or Swains Island), or through descent from a person so born acquires U.S. nationality but not U.S. citizenship. Nationals who are not citizens cannot vote or hold elected office. However, they may live in the United States without restriction and naturalize as U.S. citizens under the same rules as other resident aliens.
U.S. Nationals are not U.S. citizens; however, all U.S. citizens are U.S. nationals. Indeed, U.S. passports normally make no distinction between the two, mentioning only the bearer's nationality, not her or his citizenship.
Loss of U.S. citizenship
Various court decisions have ruled that citizenship is a constitutional right and cannot be deprived without due process. However, a U.S. citizen may lose citizenship for a variety of reasons which include:
- Service in a foreign armed forces
- Employment with a foreign government of which the person is a citizen
- Renunciation of citizenship to a U.S. diplomatic officer
- Renunciation of citizenship within United States to the proper authority (this only applies 'in time of war')
- Naturalization as a citizen of a foreign state
It is also important that the person in question has the intention during the majority of these cases of relinquishing U.S. citizenship and also that the person has another nationality to assume (a person cannot become stateless for renunciation purposes). If a dual national is required to perform military service for a foreign military, and does so without the intention of losing U.S. citizenship, this does not constitute a breach of citizenship. There are also special provisions for persons who are deemed to be avoiding U.S. taxation (which is, in theory, applicable up to ten years after the official loss of citizenship), which can result in loss of right to entry into the United States. While in practice there is little to stop a foreign citizen who has performed a said act from entering the U.S., the U.S. State Department "requires" that a Certificate of Loss of Citizenship be obtained at a U.S. embassy or consulate (though this is generally treated as a grey area, judged on a case by case basis).
