People often use the words “citizenship” and “naturalization” as though they mean the same thing. While the two concepts are closely related, they are not interchangeable under United States immigration law. Learning about the distinction matters if you are a Texas resident exploring your legal options for becoming a U.S. citizen.
In simple terms, citizenship is a legal status. Naturalization is one way a person can obtain that status. As immigration law is governed entirely at the federal level under the Immigration and Nationality Act (INA), the same rules apply no matter where you live in the country. Read on to learn how these two concepts differ and what each one involves.
How Is U.S. Citizenship Acquired?
There are several paths to becoming a United States citizen, and not all of them require going through the naturalization process. In fact, millions of people hold citizenship without ever having filed an application for it.
The most common way to obtain citizenship is at birth. Under the 14th Amendment, anyone born on U.S. soil is automatically a citizen. This is referred to as birthright citizenship. Additionally, under INA Section 301, a child born outside of the United States may still acquire citizenship at birth if one or both parents are U.S. citizens, provided certain physical presence requirements are met.
Citizenship can also be obtained after birth through a process known as derivation. This occurs when a child under the age of 18 who holds lawful permanent resident status is living in the United States with a parent who becomes a naturalized citizen. In that situation, the child may automatically become a citizen without needing to file a separate application.
What Is the Naturalization Process?
Naturalization is the formal, voluntary legal process through which a lawful permanent resident applies to become a U.S. citizen. It is handled by U.S. Citizenship and Immigration Services (USCIS).
To qualify for naturalization, applicants must satisfy several conditions:
- Be at least 18 years old at the time of filing
- Have held lawful permanent resident status for at least five years (or three years if married to a U.S. citizen)
- Have maintained continuous residence in the United States during that qualifying period
- Have been physically present in the country for at least 30 months out of the five-year period
- Demonstrate good moral character as defined by immigration law
Applicants must also pass two examinations. The first tests the applicant’s ability to read, write, and speak basic English. The second is a civics exam covering U.S. history and government. The final step in the process is to attend a ceremony and take the Oath of Allegiance to the United States.
Are There Differences Between Birthright Citizens and Naturalized Citizens?
Once a person completes the naturalization process, they hold nearly the same rights as someone who was born a citizen.
However, there are two key distinctions worth knowing:
- Under the U.S. Constitution, only natural-born citizens are eligible to serve as President or Vice President. This is the sole restriction on what a naturalized citizen can do compared to a birthright citizen.
- Naturalized citizenship can be revoked through a process called denaturalization if the government proves it was obtained through fraud or misrepresentation. Birthright citizenship, by contrast, is generally considered permanent.
Aside from those two differences, the practical rights of naturalized and birthright citizens are effectively identical.
Call the Austin Immigration Lawyers at The Law Office of William Jang, PLLC for a Free Consultation
The path to U.S. citizenship involves detailed legal requirements that can be difficult to navigate on your own. Fortunately, an experienced Austin immigration lawyer can guide you through each stage of what’s to come with confidence and help you avoid costly mistakes.
Call The Law Office of William Jang, PLLC to schedule a free consultation today to get started with your case.
