American nationality represents the legal bond between an individual and the United States of America. This connection grants specific rights, protections, and obligations under U.S. law. While often used interchangeably with “citizenship,” nationality can include both U.S. citizens and individuals who owe permanent allegiance to the country, such as those born in U.S. territories.
The laws governing nationality are primarily outlined in the Immigration and Nationality Act (INA), which sets the criteria for acquisition, loss, and retention of nationality. Knowing the distinctions and processes involved is crucial for anyone seeking to understand their legal status or pursue American citizenship.
Ways to Acquire American Nationality
1. Birth in the United States
Under the 14th Amendment of the U.S. Constitution, any person born within the U.S. and its territories automatically acquires American nationality. This principle, known as jus soli (right of the soil), applies regardless of the parents’ immigration status, with limited exceptions such as children of foreign diplomats.
2. Birth Abroad to U.S. Parents
Children born outside the U.S. may obtain nationality through their American parent(s). This process, known as jus sanguinis (right of blood), requires the U.S. citizen parent to meet specific residency requirements before the child’s birth. These rules vary depending on whether one or both parents are U.S. citizens.
3. Naturalization
Naturalization is the process through which foreign nationals become American citizens after meeting certain criteria, including lawful permanent residency, residency duration, language proficiency, and knowledge of U.S. civics. Applicants must also demonstrate good moral character and allegiance to the United States.
4. Derivative Citizenship
Minor children may automatically obtain American nationality when their parents naturalize, provided certain conditions are met. This is known as derivative citizenship and typically applies to children under 18 living as lawful permanent residents in the U.S. with their naturalized parent(s).
Requirements for Naturalization
To successfully naturalize, applicants must meet key requirements, including:
– Age: Applicants must be at least 18 years old.
– Residency: Must have held lawful permanent resident (green card) status for at least 5 years (3 years if married to a U.S. citizen).
– Continuous Residence: Applicants must maintain continuous residence and physical presence in the U.S.
– English and Civics Test: Demonstrating the ability to read, write, and speak basic English and pass a U.S. history and government test.
– Good Moral Character: Applicants must show they have upheld good moral character during the required residency period.
Dual Nationality and Its Implications
The United States allows dual nationality, meaning individuals can hold U.S. nationality alongside another country’s citizenship. However, dual nationals must adhere to U.S. laws, including tax obligations and military service requirements if applicable. It’s essential to understand that possessing another nationality does not diminish one’s allegiance to the U.S.
Loss of American Nationality
While rare, American nationality can be lost voluntarily or involuntarily under specific circumstances. Voluntary renunciation occurs when an individual formally gives up their U.S. citizenship at a U.S. embassy or consulate abroad. Involuntary loss may happen if someone commits treason or joins a foreign military engaged against the U.S., though such cases are uncommon and require strict legal procedures.
American Nationality vs. Citizenship
While the terms are often used interchangeably, nationality refers to the legal bond with the state, while citizenship emphasizes the rights and duties that come with that bond, such as voting and holding public office. For example, individuals born in American Samoa are U.S. nationals but not citizens unless they undergo naturalization.
Benefits of Holding American Nationality
American nationality comes with numerous benefits, including:
– Right to Reside and Work in the U.S.: Nationals can live and work without restrictions.
– Protection Abroad: U.S. nationals receive protection and assistance from American embassies and consulates worldwide.
– Eligibility for Federal Benefits: Access to federal programs, grants, and social services.
– Travel Freedom: U.S. passports offer visa-free or visa-on-arrival access to many countries globally.
– Political Participation: U.S. citizens can vote, run for office, and influence national policies.
American Nationality for Children
Children may automatically gain U.S. nationality through their parents or adoption under specific circumstances. The Child Citizenship Act of 2000 provides streamlined pathways for adopted children and those born abroad to acquire citizenship through their U.S. parents.
Frequently Asked Questions (FAQ)
1. Is American nationality the same as U.S. citizenship?
Not always. All U.S. citizens are U.S. nationals, but some nationals (such as those born in American Samoa) are not automatically citizens unless they go through naturalization.
2. Can I have dual nationality with the United States?
Yes. The U.S. permits dual nationality, but you are still required to follow U.S. laws, including tax obligations and military service if applicable.
3. How long does it take to obtain American nationality through naturalization?
The process typically takes 8–12 months after submitting Form N-400, though processing times can vary based on USCIS workload and individual cases.
4. Can children born abroad automatically get American nationality?
Yes, if at least one parent is a U.S. citizen who meets the residency requirements before the child’s birth. Rules vary depending on whether one or both parents are U.S. citizens.
5. Do I lose my original nationality when I become an American citizen?
It depends on your home country’s laws. The U.S. allows dual nationality, but some countries automatically revoke citizenship when you acquire another.
6. Can American nationality be revoked?
It is rare but possible in cases of voluntary renunciation or acts such as treason. Involuntary loss requires a strict legal process.
7. What is the difference between naturalization and derivative citizenship?
Naturalization is the process an adult undergoes to become a citizen. Derivative citizenship occurs automatically for minors when their parents naturalize, provided they meet certain conditions.
8. How much does it cost to apply for naturalization?
As of now, the filing fee for Form N-400 is $760, which includes the biometric services fee. Fees may change, so always check the USCIS website for updates.
9. Do I need to speak English to become an American citizen?
Yes, except for specific exemptions for older applicants who have lived in the U.S. as permanent residents for many years or have qualifying disabilities.
10. Can I apply for American nationality while living outside the U.S.?
Generally, you must reside in the U.S. as a lawful permanent resident to apply for naturalization. Certain exceptions exist for military members and their families.
Conclusion
Understanding American nationality is vital for anyone navigating U.S. immigration and citizenship laws. Whether obtained by birth, descent, or naturalization, it represents a profound legal and emotional bond with the United States, offering unique rights and responsibilities. Ensuring compliance with the law and completing the necessary steps accurately can make the journey toward American nationality seamless and rewarding.
