Individuals who were born in foreign countries do not gain citizenship simply by living in the U.S. The main difference between naturalization and natural-born U.S. citizenship is that naturalization is a process that foreign citizens must go through in order to become U.S. citizens. Understanding the process of naturalization is fundamental for any immigrant who would like to become a citizen of the United States.
A U.S. Citizenship and Naturalization Lawyer can help you.
What Is the Difference Between Natural Born U.S. Citizenship and Naturalization?
To better understand the differences between the two concepts, think of natural-born citizenship as a status acquired automatically at birth, and naturalization as a legal process that grants citizenship to eligible individuals not born as U.S. citizens.
Citizenship is a right that comes with being born in the country, which is why natural-born citizens do not have to go through the naturalization process.
People who were not born in the United States, however, must go through naturalization if they would like to become a citizen here.
Aspect | U.S. Citizenship (by Birth) | Naturalization (Citizenship by Process) |
---|
Definition | Acquired automatically by being born in the U.S. or to U.S. citizen parents | Legal process to become a citizen for eligible non-citizens |
Legal Basis | 14th Amendment to the U.S. Constitution | Immigration and Nationality Act (INA § 316, 319, etc.) |
Eligibility | Born in U.S. or U.S. territories, or to U.S. citizen parents abroad | Lawful permanent resident (Green Card holder) meeting residency and other requirements |
Application Process | None required | File Form N-400 with USCIS; attend biometrics, interview, test |
Residency Requirement | None | Typically 5 years (or 3 years if married to a U.S. citizen) |
Civic Knowledge Test | Not required | Required (English and civics tests) |
Oath of Allegiance | Not required | Mandatory to complete naturalization |
Processing Time | Instant at birth | 6 to 14 months on average after filing |
Documentation | Birth Certificate, CRBA, U.S. Passport | Certificate of Naturalization, U.S. Passport |
Loss or Revocation | Extremely rare, only in cases of fraud or renunciation | Can be revoked for fraud, criminal activity, or security threats |
Can Sponsor Relatives? | Yes | Yes, with same privileges after naturalization |
Eligible for Public Office? | Yes (including Presidency) | Yes (except President or Vice President) |
Military Service Benefits | Eligible | May expedite naturalization if served honorably |
Source: USCIS – Naturalization Eligibility
Eligibility Criteria to Become a Naturalized Citizen
To be eligible to become a naturalized citizen, you must meet the following requirements:
- Be at least 18 years of age.
- Have a basic grasp of the English language (including being able to read, write, or speak it).
- Have a general understanding of U.S. history.
- Be of “good moral character.”
- Meet one of the following:
- You have held a green card for at least five years.
- You are married to a U.S. citizen.
- You are the child of a U.S. citizen.
- You serve or served in the U.S. military.
If you are eligible for naturalization, you can then send in a request to take part in the process. If you are approved, you will have an interview scheduled where an official tests your knowledge of English and U.S. history. They will also ask basic questions about your life and why you’d like to be a citizen. If you pass your interview and complete the Oath of Allegiance at a naturalization ceremony, you will officially become a citizen of the United States.
What Rights Do You Get As an American Citizen?
All American citizens receive the same rights and benefits, regardless of the way that they became a citizen. Many people make the decision to become U.S. citizens because there are a multitude of important rights, benefits, and opportunities that you can receive. Some of the most well-known and essential rights of any American citizen include the following:
- The Right to Vote. As a democracy, the U.S. gives all citizens the opportunity to vote on government officials they’d like to see in office. Temporary and permanent residents do not have the right to vote, even if they have lived in the country for years, unless they become a citizens.
- Basic Constitutional Rights. All individuals in the U.S. are protected by core constitutional freedoms like speech, religion, assembly, and due process. As a citizen, you enjoy the full protection of these rights and can participate in the democratic process, including voting and holding public office.
- Protection Against Deportation. Once you are a U.S. citizen, the threat of deportation can finally cease. This protection from deportation is a key advantage, as becoming a U.S. citizen grants you a secure and permanent legal status, superseding your previous lawful permanent residency. Naturalized citizens can only face deportation in rare cases, such as if their citizenship was obtained through fraud or if they are convicted of certain serious offenses. However, you will most often be tried facing the same consequences as the average American.
FAQs:
Can Naturalized Citizens Access the Same Rights as Natural-Born Citizens?
Yes. Once naturalized, a U.S. citizen has virtually all the same rights and responsibilities as a natural-born citizen. This includes the right to vote, hold public office (except President or Vice President), apply for a U.S. passport, and sponsor family members for immigration. There is no legal distinction in day-to-day rights between the two statuses.
What Is a Certificate of Naturalization?
Once a foreign citizen has gone through the process of naturalization in the U.S., they will then receive what is known as a “certificate of naturalization.” This certificate confirms that the individual has completed the naturalization process, including the Oath of Allegiance, and is now a citizen of the United States. This is an essential document for anyone who becomes a naturalized citizen and is used to prove your status.
How Long Does the Naturalization Process Take?
Naturalization can take quite a long time, depending on how quickly everything is processed. Generally, the process takes anywhere from 8 to 14 months or more. This is because after you send in your request, it will take a few weeks to be processed. It will then take another few weeks to schedule an interview for you, which could potentially be months in the future. After your interview, USCIS will review your case, and if approved, you’ll be scheduled to take the Oath of Allegiance—after which you’ll receive your Certificate of Naturalization.
What Do You Need to Know for Your Naturalization Interview?
There are generally three main parts of a naturalization interview. One stage will address your personal information, such as why you’d like to become a citizen. The other two stages are centered around your knowledge of the U.S. and the English language. One of these stages is the civics test, where you’ll be asked questions about U.S. history, government, and civic principles. The last portion will simply assess your understanding of English and how well you can read, write, and speak it.
Can Naturalized Citizens Lose Their U.S. Citizenship?
Yes, although it is rare, naturalized U.S. citizens can lose their citizenship through a process called denaturalization. This typically occurs if the government discovers that the individual committed fraud or misrepresented facts during the naturalization process. Involvement in terrorism or serious crimes may also result in denaturalization if it is shown that such information was concealed or misrepresented during the application.
Are You Allowed To Bring a Lawyer to Your Naturalization Interview?
Foreign citizens who are going through the naturalization process are not only allowed to hire a lawyer for assistance, but they can also bring one along to their naturalization interview. You will just have to provide the USCIS with the proper notification that you’re bringing them. Your lawyer can help clarify questions, but not answer them for you.
Looking for Immigration Assistance in Southern California?
If you’d like to become an American citizen, it is vital to understand the process of naturalization. At U.S. Law Center, our experience in immigration law allows us to aid individuals and families from around the world. Our head attorney is fluent in multiple languages and has helped numerous people move to the United States. If you are interested in becoming a naturalized citizen of the U.S., contact U.S. Law Center to discuss your options today.