NATURALIZATION AND CITIZENSHIP

The U.S. values the selfless commitment of foreign nationals who serve or have served our country in the armed forces. An expedited path to U.S. citizenship is offered to active military personnel and veterans. The requirements for naturalization depend upon whether you served during peacetime or during periods of hostility.

You may be eligible for naturalization under INA § 328 if you have honorably served in the U.S. armed forces for at least 1 year during a period of peacetime. To be eligible for naturalization under INA § 328, you must:

• Have served honorably in the U.S. armed forces for at least 1 year;
• Have submitted a completed Form N-426, Request for Certification of Military or Naval Service confirming your honorable service;
• Be a lawful permanent resident (i.e. green card holder) at the time of your naturalization interview;
• Meet certain continuous residence and physical presence requirements;
• Be able to read, write, and speak English;
• Have knowledge of United States history and our system of government; and
• Be a person of good moral character for at least five years before filing for naturalization and be loyal to the principles of the U.S. Constitution.

You may be eligible for naturalization under INA § 329 if you are currently serving or are a veteran who honorably served in an active-duty status or in the Selected Reserve of the Ready Reserve during a designated period of armed conflict. The designated periods of armed conflict are as follows:

• World War I;
• September 1, 1939 and December 31, 1946 (i.e. World War II);
• June 25, 1950 and July 1, 1955 (i.e. Korean Conflict);
• February 28, 1961 and October 15, 1978 (i.e. Vietnam Hostilities);
• August 2, 1990 and April 11, 1991 (i.e. Persian Gulf Conflict); and/or
• September 11, 2001 and the present (i.e. War on Terrorism).

To be eligible for naturalization under INA § 32, you must:

• Have served honorably in the U.S. armed forces during a designated period of hostility;
• Be either be a lawful permanent resident (i.e. green card holder) or have been physically present at the time of enlisting, reenlisting, or extending service or induction into the U.S. armed forces in the U.S. or its outlying possessions or on board a public vessel owned or operated by the U.S. for noncommercial service;
• Be able to read, write, and speak English;
• Demonstrate knowledge of U.S. history and our system of government; and
• Be a person of good moral character for at least 1 year before filing for naturalization and loyal to the principles of the U.S. Constitution.

Even if you were born overseas, you may obtain U.S. citizenship through your parent(s). You can acquire United States citizenship at birth or derive U.S. citizenship after birth but before reaching the age of 18. The requirements vary depending upon when you were born and your parent’s immigration and marital status at the time of your birth. If you have either acquired U.S. citizenship at birth or derived U.S. citizenship upon naturalization of your parent(s), you can apply for a U.S. Passport and/or a Certificate of Citizenship.

You may be a U.S. citizen even if born outside the United States if any of the following are applicable to you:

• Your Parents Were Married at the Time of Your Birth
  
  

  CHART 1

  Date Of Birth	Parent's Immigration Status	Residence/Physical Presence Required for United States Citizen Parent
  Born on or after December 24, 1952 and before November 14, 1986:	Both parents were U.S. citizens One parent is a U.S. citizen, one alien parent	One parent had resided in the U.S. or its outlying possessions prior to your birth. The U.S. citizen parent was physically present in the U.S. or its outlying possessions for 10 years, at least 5 of which were after age 14, prior to your birth.
  Born on or after November 14, 1986:	Both parents were U.S. citizens One parent is a U.S. citizen, one alien parent	One parent had resided in the U.S. or its outlying possessions prior to your birth. The U.S. citizen parent was physically present in the U.S. or its outlying possessions for 5 years, at least 2 of which were after age 14, prior to your birth.

  
  
  
• Your Parents Were Not Married at the Time of Your Birth and Your Mother is a U.S. Citizen
  
  

  CHART 2

  Date of Birth	Requirement
  Born on or after December 24, 1952 and prior to June 12, 2017:	Mother was a U.S. citizen physically present in the U.S. or its outlying possessions for a continuous period of 1 year at some point prior to your birth.
  Born on or after June 12, 2017:	Both parents were U.S. citizens One U.S. citizen parent had resided in the U.S. or its outlying possessions, and your father meets paternity requirements set forth in the next chart. If your father does not meet the paternity requirements, but one or both parents resided in the U.S., internal review must be sought. One parent is a U.S. citizen, one alien parent The U.S. citizen parent was physically present in the U.S. or its outlying possessions for 5 years, at least 2 of which were after age 14, prior to your birth.

  
  
  
• Your Mother Was Not a U.S. Citizen at the Time of Your Birth and the Child was Legitimated or Acknowledged by the Father Who was a U.S. Citizen When You Were Born
  
  

  CHART 3

  Date of Birth	Requirement
  Born on or after December 24, 1952 and prior to November 15, 1968:	You were legitimated at any time after birth, including adulthood, under the laws of your father’s domicile; and If yes, use the above chart to determine if you acquired U.S. citizenship at birth.
  Born on or after November 16, 1968 and prior to November 15, 1971:	OPTION A: You were legitimated before reaching the age of 21 under the laws of father’s or your domicile. If yes, use the above chart to determine if you acquired U.S. citizenship at birth. OPTION B: You and your father’s blood relationship is established by clear and convincing evidence; Your father must have been a U.S. citizen at the time of your birth; Your father, unless deceased, provides written statement under oath that he will provide financial support for you until you reach 18; and While you are under the age of 18, you must be legitimated under law of your residence or domicile or your father must acknowledge paternity in writing under oath, or paternity must be established by competent court. If you meet items 1 through 4, use the above chart to determine if you acquired U.S. citizenship at birth.
  Born after November 15, 1971	You and your father’s blood relationship is established by clear and convincing evidence; Your father must have been a U.S. citizen at the time of your birth; Your father, unless deceased, provides written statement under oath that he will provide financial support for you until you reach 18; and While you are under the age of 18, you must be legitimated under law of your residence or domicile or your father must acknowledge paternity in writing under oath, or paternity must be established by competent court. If you meet items 1 through 4, use the above chart to determine if you acquired U.S. citizenship at birth.

  
  
  

• The physical presence requirement may be met if the U.S. citizen parent was outside the United States serving in the U.S. armed forces, working for the United States government, or certain international organizations, or was the unmarried son or daughter of a parent meeting any of the above conditions.

  You may be a U.S. citizen even if born outside the United States if one or both of your parents have naturalized:

  CHART 4
  
  

  Date of Birth	Requirements
  Conditions met on or after December 24, 1952 and prior to October 5, 1978:	Both of your parents must naturalize, or if only one of your parents naturalizes, the other parent must either: (1) be a U.S. citizen at the time of your birth and remain a U.S. citizen; (2) be deceased; or (3) your parents must be legally separated and the naturalizing parent must have custody of you, or, if you were born out of wedlock and have not been legitimated, it generally must be your mother who naturalizes; Your parent or parents naturalized prior to your 18th birthday; You become a lawful permanent resident (i.e. green card holder) prior to your 18th birthday; You must be unmarried; and You may not derive citizenship if you are an adopted or stepchild of a U.S. citizenship.
  Conditions met on or after October 5, 1978 and prior to February 26, 2001:	Both of your parents must naturalize, or if only one of your parents naturalizes, the other parent must either: (1) be a U.S. citizen at the time of your birth and remain a U.S. citizen; (2) be deceased; or (3) your parents must be legally separated and the naturalizing parent must have custody of you, or, if you were born out of wedlock and have not been legitimated, it generally must be your mother who naturalizes; Your parent or parents naturalized prior to your 18th birthday; You become a lawful permanent resident (i.e. green card holder) prior to your 18th birthday; You must be unmarried; and You may derive citizenship even if adopted if you are residing in the U.S. at the time your adoptive parent(s) naturalize, in their custody as a lawful permanent resident, and your adoption occurred before you turned 18. You cannot derive citizenship if you are the stepchild of a U.S. citizen.
  Conditions met on or after February 27, 2001	At least one of your parents, including an adoptive parent, is a U.S. citizen by birth or through naturalization; You are under the age of 18; You are a lawful permanent resident (i.e. green card holder); and You are residing in the United States in the legal and physical custody of your U.S. citizen parent.

If you are a U.S. citizen and your child was born overseas, you should report their birth at the nearest U.S. Embassy or Consulate as soon as possible. The U.S. Embassy or Consulate will issue a Consular Report of Birth Abroad (i.e. CRBA). A CRBA is an official record of your child’s claim to U.S. citizenship. You may also apply for a U.S. Passport when applying for a CRBA.