The Fourteenth Amendment opens: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." So there are two main roads to citizenship: birth and naturalization.
| Road | Who | Rule |
|---|---|---|
| Birth in the United States | people born in the states, D.C., Puerto Rico, Guam, the U.S. Virgin Islands and the Northern Mariana Islands | the Citizenship Clause (1868); United States v. Wong Kim Ark (1898) applied it to a child of immigrant parents |
| Birth abroad to a citizen parent | children of U.S. citizens | conditions set by Congress (for example, the parent's past residence in the U.S.) |
| Naturalization | lawful permanent residents ("green card" holders) | apply on Form N-400 and meet the requirements below |
The main requirements to naturalize are:
- Be at least 18 years old.
- Be a lawful permanent resident for 5 years, or 3 years if married to and living with a U.S. citizen.
- Continuous residence, and physical presence in the U.S. for at least half of that time.
- Good moral character.
- Pass an English test (reading, writing, speaking) and a civics test on history and government.
- Support the principles of the Constitution and take the Oath of Allegiance at a ceremony.
Why it works
Why have these steps? Naturalization is the nation's way of saying "you are one of us," so it asks for time in the country, knowledge of its government and a public promise of loyalty. In the oath, new citizens renounce allegiance to any foreign ruler or state, promise to "support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic," and promise to serve the country when the law requires. The rules have changed over time: the first naturalization law (1790) admitted only "free white persons," and Congress removed the last racial bars in 1952. Native Americans born in the U.S. were made citizens by law in 1924. The leading case on citizenship by birth is United States v. Wong Kim Ark (1898). Wong Kim Ark was born in San Francisco to Chinese parents who lived there lawfully but, under the laws of the time, could not become citizens. When he returned from a visit to China, officials refused to let him back in. The Court held, 6 to 2, that he was a citizen by birth. It read "subject to the jurisdiction thereof" to leave out only narrow groups, such as children of foreign diplomats and of enemy forces occupying American soil.
Key idea
Citizenship comes by birth (in the U.S., or abroad to citizen parents under conditions Congress sets) or by naturalization: generally age 18, five years as a permanent resident (three if married to a citizen), English and civics tests, and the Oath of Allegiance.
Worked example: Is she eligible yet?
Mei has been a permanent resident for 4 years and is married to and living with a U.S. citizen, who has been a citizen the whole time. She is 30. Can she apply?
- Married to and living with a citizen: the residence requirement is 3 years.
- She has 4 years, and she is over 18.
Answer: Yes, if she meets the other requirements.
Worked example: Same rights?
Carlos was naturalized at 40. Can he serve in the Senate? Can he be President?
- A senator must be 30 and a citizen for 9 years: he can serve once he has been a citizen for 9 years.
- The President must be a "natural born Citizen" (Article II).
Answer: Senate: yes, after nine years as a citizen. President: no.
Common mistake
Thinking naturalized citizens have fewer rights. They have the same rights and duties as citizens by birth, with one exception in the Constitution: only a natural-born citizen may be President (and, by the Twelfth Amendment, Vice President). Check: is the office President or Vice President?