Citizenship Law

Citizenship laws regulate the process of becoming a U.S. citizen and the rights accompanying citizenship.

Citizenship grants rights

Becoming a naturalized U.S. citizen grants you the following set of rights:

The right to vote in United States elections
The right to have a United States passport
The right to participate in federal programs such as Social Security
The ability to qualify for certain security clearances

Ways to become a naturalized U.S. citizen

You can become a United States citizen through one of the following ways:

You were born in the United States or its territories
You apply for and are granted naturalization and citizenship after passing the citizenship test
Your parents are United States citizens
Your parents become naturalized citizens

Your parents’ citizenship may affect yours

If one or both of your parents is a U.S. citizen, you can more easily acquire citizenship than another alien whose parents are not. Although citizenship law concerning the effect of parentage on citizenship evolves over time, the following applies for those born since November 14, 1986:

Both parents are U.S. citizens. If both your parents were U.S. citizens when you were born and at least one of them lived previously in the United States, you can automatically become a U.S. citizen.
One parent is a U.S. citizen. If only one of your parents was a U.S. citizen when you were born and that parent lived in the United States for at least five years and two of those five years were after the age of 14, you automatically acquire U.S. citizenship.
If you were born outside of wedlock and your father is a U.S. citizen. You automatically acquire United States citizenship if your father established paternity prior to your eighteenth birthday and stated in writing that he would support you financially until your eighteenth birthday.

Dual citizenship

Citizenship law also governs dual citizenship, where you retain your citizenship from your previous country of residence while gaining rights as a U.S. citizen. However, your citizenship lawyer at Berger & Berger can tell you how dual citizenship may apply to you since countries vary in their laws about retaining and losing original citizenship.

Loss of citizenship

United States citizens may renounce citizenship and lose their rights. They may also lose their rights as the result of—

Lying to the U.S. Citizenship and Immigration Service (USCIS) during the naturalization process
Serving in their native country's armed forces if that country is at war or engaged in hostilities with the United States
Serving in their native country's armed forces as an officer or a non-commissioned officer
Holding an elected or policy-level position in their native country
Conviction for an act of treason against the United States
Refusal to testify before Congress about their subversive activities

Contact Berger & Berger to talk to a citizenship attorney

With offices throughout New York State and in Atlanta, Berger & Berger is ready to help you apply for citizenship and get on your way to becoming an American. Call the firm's main office at (716) 568-4451 or just use the Quick Contact box on your screen.