A person born outside the United States can become a United States Citizen under either of three separate laws of the Immigration and Nationality Act (INA).
- Naturalization
- Acquisition of U.S. Citizenship
- Derivation of U.S. Citizenship
Naturalization
To apply for naturalization to become a U.S. citizen, you must:
- Be at least 18 years of age.
- Have been a lawful permanent resident for the past five years or three years if you are married to a U.S. citizen.
- Have continuous residence and physical presence in the United States.
- Be able to read, write, and speak basic English and pass a civics test.
Acquiring U.S. Citizenship
Child of a marriage between a U.S. Citizen Parent and Alien Parent born on or after 11/14/1986 outside the United States acquires U.S. citizenship at birth if at the time of birth the U.S. citizen Parent was physically present in the United States for at least 5 years, including at least 2 years after 14 years of age.
Deriving U.S. Citizenship
On or after February 27, 2001, a child may “derive” citizenship under the following conditions:
- At least one of the child’s parents is a U.S. citizen, either by birth or by naturalization.
- The child is unmarried and under 18 years old.
- The child is a permanent resident of the United States (a “green card” holder)
- The child is residing in the U.S. and is in the physical and legal custody of the U.S. citizen parent.