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Understanding the Citizenship Process

Trying to figure out if you meet the legal requirements in order to naturalize is a convoluted process. The Glendale citizenship attorneys at Arnaout Immigration Law firm has the knowledge to determine not only whether you qualify to become a citizen but also goes above and beyond in order to maximize your chances of success.

Call our Los Angeles immigration attorney now at (818) 276-9900 to schedule your initial consultation.

Citizenship at Birth

Under the 14th Amendment, all persons born in the United States and subject to its jurisdiction are citizens. The term “United States” includes Puerto Rico, Guam, the U.S. Virgin Islands and the Commonwealth of the Northern Mariana Islands. A birth certificate is proof of citizenship. Nationals cannot pass nationality to offspring, but may file an I-130 to classify children for immigration under the family-sponsored preferences.

Citizenship by Aquisition

Additionally, certain individuals born outside the United States will acquire citizenship upon their birth. Acquisition is dependent upon the date of the child’s birth, whether one or both parents are U.S. citizens and, if one, which parent, and whether the birth was in or out of wedlock. A Los Angeles citizenship lawyer can help walk you through the different ways citizenship can be acquired.

Derivative Citizenship

Children born outside the United States who have not acquired citizenship at birth may derive citizenship upon the naturalization of one or both parents.

A child derives citizenship if one parent is a U.S. citizen, by birth or by naturalization, and the child is under 18, is a Lawful Permanent Resident, and is residing in the United States in the legal and physical custody of the U.S. citizen parent. Stepchildren are not eligible for such consideration under this law.

Naturalization of Children Born Outside the United States upon Application Filed by Parents
Some children who do not acquire or derive citizenship automatically through their parents may still be able to obtain naturalization without first becoming permanent residents.

• The requirements are:
• Child has one U.S. citizen parent who has been in the United States for five years, two of which were after age 14, or a grandparent (parent of the U.S. citizen parent) has been physically present in the United States for five years, two of which are after the grandparent’s 14th birthday.
• Child is physically present temporarily in the United States pursuant to lawful admission.
• Child is under 18.
• Child is residing outside the United States in the legal and physical custody of the U.S. citizen parent. (If child is adopted, adoption must have taken place before age 16.)