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U.S. citizenship is acquired through birth, parentage or through naturalization.
Automatic through Birth or Parentage:
Generally, people are automatically U.S. citizens at birth if they are born in the United States or if they are born of U.S. citizen parents. Children born abroad, whose parents later become U.S. citizens, automatically derive citizenship from their parents and can apply for a certificate of U.S. citizenship. Adopted children of citizen parents also acquire citizenship. A Certificate of Citizenship is merely proof of U.S. citizenship already acquired.
Naturalization:
- To acquire U.S. citizenship, an applicant must generally meet the following requirements, namely:
- be at least 18 years old;
- have been lawfully admitted to the United States for permanent residence of at least 5 years;
- have no single absence from the United States of more than one year at a time;
- have been physically present in the United States for at least 30 months out of the previous five years;
- have been a person of good moral character;
- express an agreement with the principles of the Constitution of the United States;
- be able to read, write, speak, and understand basic English;
- have a basic knowledge and understanding of the history and form of government of the United States; and,
- take the oath of allegiance.
- Special cases for eligibility to naturalize:
- Residency requirement – foreign nationals who marry and live with their U.S. citizen spouse may apply for naturalization after three years not five.
- An applicant who has served for three years in the U.S. military and who is a permanent resident may apply immediately if the application is filed while the applicant is still serving or within six months of an honorable discharge.
- Language Requirement Waiver - Applicants are exempt from understanding English if:
- they have been residing in the United States as a permanent residence at least 15 years or more and are over 55 years of age; or
- have been residing in the United States as a permanent residence at least 20 years or more and are over 50 years of age; or
- have a medically determinable physical or mental impairment which affects their ability to communicate.
- applicants who have been residing in the U.S. subsequent to a lawful admission for permanent residence for at least 20 years and are over the age of 65 will be afforded special consideration in satisfying this requirement.
- United States Government and History Knowledge Requirement Waiver - Applicants are exempt from the government test if they have a medically determinable physical or mental impairment that affects their ability to learn.
- Modification of the Requirement of the Oath of Allegiance - In certain instances the applicant may avoid this oath. He/she must establish that they are opposed to any type of service in armed forces based on religious teaching or belief. In such a case, the USCIS will permit the applicant to take a modified oath.
 For additional information or to schedule a consultation -
E- Mail:Leblang@TulsaLaw.com or Solano@tulsalaw.com
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