Toolkit · Immigration
The Immigration and Citizenship Toolkit
U.S. Const. amend. XIV, § 1
- Type
- Toolkit
- Jurisdiction
- National
- Date
- 2026-02-05
- Topic
- Immigration
This toolkit is a resource map of the principal routes to United States citizenship and the doctrines that generate them. It walks the four core paths — birthright citizenship under the Fourteenth Amendment and United States v. Wong Kim Ark (jus soli); acquisition at birth abroad through U.S.-citizen parents (jus sanguinis); derivative citizenship under the Child Citizenship Act of 2000; and naturalization, including the shortened path available through marriage — and ties each to the governing sections of the Immigration and Nationality Act, the landmark cases, and the USCIS forms that prove citizenship. Each stage links out to UpLaw's in-depth articles so you can move from the map to the deep dive. It closes with a documentation guide, a comparative policy frame on jus soli versus jus sanguinis, a consolidated checklist, and a primary-authority section. Use it to figure out which path a given person is on and where to read next.
The Immigration and Citizenship Toolkit
Immigration > Citizenship | Published 5 February 2026 - Updated 6 March 2026 | UpLaw - uplaw.us
There are only a handful of ways to become a citizen of the United States, and each one traces to a different clause, a different statute, and a different form. This toolkit is the map that shows you which road a person is on — and where to read next.
Keywords: U.S. citizenship, birthright citizenship, jus soli, jus sanguinis, Fourteenth Amendment, Wong Kim Ark, naturalization, N-400, N-600, Child Citizenship Act, citizenship through marriage, Immigration and Nationality Act, good moral character, civics test
How to read this toolkit
Citizenship law feels sprawling, but it is actually narrow. A person is a U.S. citizen only if one of a small number of rules makes them one. Either they were born on U.S. soil, or they were born abroad to a parent who could pass citizenship down, or they acquired it automatically as a child when a parent naturalized, or they applied for it themselves through naturalization. That is essentially the whole universe.
This document is a resource map, not a how-to. It is built to answer two questions fast: which path is this person on? and where do I go to read the details? Each of the five sections below opens with the plain-English rule, names the controlling authority — a clause of the Constitution, a section of the Immigration and Nationality Act (INA), a Supreme Court case — and then points you to the UpLaw articles and guides that treat the topic in depth. The three articles this toolkit leans on most heavily are Acquiring U.S. Citizenship Through Parents: Birthright and Derivative Paths, Obtaining U.S. Citizenship Through Marriage: A Step-by-Step Guide, and Birthright Citizenship Across Nations: Jus Soli, Jus Sanguinis, and the American Debate. Keep them open in another tab; this toolkit is the trailhead, and they are the trails.
A word on vocabulary. Lawyers sort citizenship rules into two Latin buckets. Jus soli — "right of the soil" — means citizenship follows birthplace. Jus sanguinis — "right of blood" — means citizenship follows parentage. The United States is unusual in using both generously: it grants citizenship to nearly everyone born on its territory and passes citizenship down to many children born abroad. Almost every rule below is a variation on one of those two ideas, or a bureaucratic procedure for turning a green-card holder into a citizen.
To make the abstractions concrete, we will follow a fictional family — the Okonkwo family — across the paths. Each member takes a different road, and together they illustrate how the whole system fits.
The paths to citizenship at a glance
Here is the entire landscape on one screen. Read down the list, find the person's situation, then jump to the matching section.
- Path 1 — Birthright (jus soli). Born inside the United States (or its qualifying territories) and "subject to the jurisdiction thereof." Automatic and unconditional at the moment of birth. Authority: U.S. Const. amend. XIV, § 1; United States v. Wong Kim Ark, 169 U.S. 649 (1898); 8 U.S.C. § 1401(a).
- Path 2 — Acquisition at birth abroad (jus sanguinis). Born outside the United States to one or two U.S.-citizen parents who met a physical-presence requirement before the birth. Citizenship exists from birth; you document it later. Authority: 8 U.S.C. §§ 1401, 1409.
- Path 3 — Derivative citizenship (children). A child who is a lawful permanent resident automatically becomes a citizen when a parent naturalizes, if the child is under 18 and in the parent's legal and physical custody. Authority: Child Citizenship Act of 2000; 8 U.S.C. §§ 1431, 1433.
- Path 4 — Naturalization. A lawful permanent resident applies to become a citizen after meeting residence, physical-presence, good-moral-character, English, and civics requirements. Authority: 8 U.S.C. §§ 1427, 1448; 8 C.F.R. Part 316; USCIS Form N-400.
- Path 5 — Naturalization through marriage. A shortened version of Path 4 for the spouse of a U.S. citizen: three years of residence instead of five. Authority: 8 U.S.C. § 1430; 8 C.F.R. Part 319.
Two structural points before we walk them. First, Paths 1, 2, and 3 make a person a citizen without any application — the citizenship exists by operation of law, and the paperwork (a passport, a certificate) merely proves what is already true. Paths 4 and 5 are different: citizenship is conferred only when the government grants the application and the applicant takes the oath. Second, U.S. citizenship, once held, is extraordinarily hard to lose. The Supreme Court held in Afroyim v. Rusk, 387 U.S. 253 (1967), that the government cannot strip citizenship from someone who does not voluntarily and intentionally relinquish it. That asymmetry — easy to hold, hard to lose — shapes everything downstream.
Path 1 — Birthright citizenship (jus soli): the Fourteenth Amendment and Wong Kim Ark
The foundational rule is one sentence: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States." U.S. Const. amend. XIV, § 1. Ratified in 1868, the Citizenship Clause was written to overrule Dred Scott v. Sandford, 60 U.S. (19 How.) 393 (1857), which had held that people of African descent could never be citizens. The Fourteenth Amendment constitutionalized citizenship by birthplace and put it beyond the reach of ordinary politics.
The clause's one ambiguity is the phrase "subject to the jurisdiction thereof." The government argued for decades that it excluded the children of non-citizens. The Supreme Court rejected that reading in United States v. Wong Kim Ark, 169 U.S. 649 (1898), the case at the doctrinal center of this whole area. Wong Kim Ark was born in San Francisco to Chinese parents who were themselves barred from naturalizing under the Chinese Exclusion Act. After a trip abroad he was denied re-entry on the theory that he was not a citizen. The Court held, 6–2, that he was: the Citizenship Clause covers virtually everyone born on U.S. soil, regardless of the parents' nationality or immigration status. The only established exceptions are the narrow classes who are not truly "subject to" U.S. jurisdiction — the children of accredited foreign diplomats, children born to hostile occupying forces, and, historically, members of sovereign Native American tribes (a gap Congress later closed by statute after Elk v. Wilkins, 112 U.S. 94 (1884)).
Congress codified the rule in 8 U.S.C. § 1401(a), which restates the constitutional guarantee, and extended comparable citizenship to persons born in most U.S. territories. The practical upshot: if you were born in one of the fifty states, the District of Columbia, or (by statute) Puerto Rico, Guam, the U.S. Virgin Islands, or the Northern Mariana Islands, you are a citizen, full stop, and your birth certificate is your proof.
Okonkwo worked example. Chidi and Ada Okonkwo arrive from Nigeria on work visas. Two years later their daughter Zara is born in a Houston hospital. The moment Zara is born, she is a U.S. citizen under the Fourteenth Amendment and § 1401(a) — even though neither parent is a citizen or permanent resident. No form, no fee, no application. Her Texas birth certificate is the only document she needs to get a U.S. passport.
Birthright citizenship is periodically the subject of political and legal debate about whether "subject to the jurisdiction" could be reinterpreted. For the doctrinal history, the exceptions, and how the American rule compares to the rest of the world's, read UpLaw's Birthright Citizenship Across Nations: Jus Soli, Jus Sanguinis, and the American Debate. The birthplace half of Acquiring U.S. Citizenship Through Parents: Birthright and Derivative Paths covers how § 1401 sorts the soil-based and blood-based rules.
Path 2 — Acquisition at birth abroad through U.S.-citizen parents (jus sanguinis)
A child born outside the United States can still be a citizen from the instant of birth if a parent was a citizen and had lived in the United States long enough beforehand to "transmit" citizenship. This is jus sanguinis, and it lives in 8 U.S.C. § 1401 (subsections (c)–(g)) and § 1409 (children of unmarried parents). The details turn on how many parents are citizens and how much time the citizen parent spent in the country.
The trap that catches people is the physical-presence requirement, and it is the single most important thing to get right on this path. Where both parents are U.S. citizens, the transmission rule is lenient. Where only one parent is a citizen and the other is not, § 1401(g) currently requires that the citizen parent have been physically present in the United States for at least five years before the birth, at least two of which were after the parent turned fourteen. A parent who left the U.S. young and never accumulated those years may be unable to pass citizenship to a child born abroad — a heartbreak that surfaces only when the family tries to document the child years later. (The specific number of required years has changed over time; the rule that applies is the one in force on the date of the child's birth, so genealogical precision matters.)
Section 1409 governs children born abroad out of wedlock and historically imposed different requirements depending on whether the citizen parent was the mother or the father. The Supreme Court addressed the resulting gender line in Nguyen v. INS, 533 U.S. 53 (2001) (upholding a paternity-acknowledgment requirement for citizen fathers) and later in Sessions v. Morales-Santana, 137 S. Ct. 1678 (2017), which held that the shorter physical-presence rule Congress had reserved for unwed citizen mothers could not constitutionally be denied to unwed citizen fathers — and remedied the violation by leveling the requirement up, applying the longer period to everyone until Congress acts. If your matter involves a child born abroad to unmarried parents, this is live, technical territory; read the case, do not rely on summary.
Citizenship on this path is documented, not applied for. The parents obtain a Consular Report of Birth Abroad (CRBA, Form FS-240) from a U.S. embassy or consulate, and typically a U.S. passport at the same time. The CRBA is the government's formal recognition that the child was a citizen at birth.
Okonkwo worked example. Chidi's brother Emeka Okonkwo naturalized as a U.S. citizen years ago, then took a posting in London, where his son Tobenna is born. Whether Tobenna is a citizen at birth depends entirely on whether Emeka clocked the required physical presence in the U.S. before Tobenna's birth. Emeka lived in Chicago from age 20 to age 31 — well over five years, with more than two after age fourteen — so Tobenna acquires citizenship under § 1401(g). Emeka reports the birth at the U.S. Embassy in London, receives a CRBA, and Tobenna is a citizen who has never set foot in the United States. Had Emeka fallen short on the years, Tobenna would need an entirely different route (Path 3's N-600K, below).
For the acquisition rules, the physical-presence math, and the wedlock distinctions, the anchor article is Acquiring U.S. Citizenship Through Parents: Birthright and Derivative Paths. Because this path can hinge on a single Supreme Court opinion, it is also a good place to practice the skills in Case Law Research: Finding, Reading, and Verifying Judicial Decisions.
Path 3 — Derivative citizenship: the Child Citizenship Act and the N-600
Path 3 is the one people forget exists. Under the Child Citizenship Act of 2000, codified at 8 U.S.C. § 1431 (INA § 320), a child automatically becomes a U.S. citizen — no application, no ceremony — when all of the following are true at the same time: (1) at least one parent is a U.S. citizen by birth or naturalization; (2) the child is under eighteen years old; (3) the child is a lawful permanent resident (green-card holder); and (4) the child is residing in the United States in the legal and physical custody of the citizen parent. The instant the last condition falls into place — often the day a parent naturalizes — the child converts to a citizen by operation of law. Adopted children are expressly included.
This is why the section is called derivative citizenship: the child derives it from the parent's status, without doing anything. The catch is proof. Because there is no ceremony, many derivative citizens go years without documentation and only discover they are citizens (or need to prove it) when they apply for a passport, a federal job, or — in a darker scenario — when they face removal proceedings and belatedly realize the government cannot deport a citizen. To generate a document, the person files USCIS Form N-600, Application for Certificate of Citizenship, which asks USCIS to confirm and certify citizenship that already exists. It is a recognition request, not a grant.
A companion provision, 8 U.S.C. § 1433 (INA § 322), handles the mirror-image situation: a child living abroad with a U.S.-citizen parent (or qualifying grandparent) who has the required physical presence. That child does not become a citizen automatically but can obtain citizenship on Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322, traveling to the U.S. for the process. N-600K is the safety net for exactly the family in the Path 2 example whose parent fell short on transmission years.
Okonkwo worked example. Chidi and Ada eventually get green cards, and their son Kelechi — born in Nigeria and admitted as a permanent resident at age nine — lives with them in Houston. When Chidi naturalizes on Kelechi's fourteenth birthday-eve, all four § 1431 conditions are satisfied: citizen parent, under eighteen, LPR, in Chidi's custody. Kelechi becomes a citizen automatically that day. Nobody hands the family a certificate, though, so they file an N-600 to get one for Kelechi's records and future passport. Note the contrast with his cousin Tobenna, who acquired citizenship at birth under Path 2; Kelechi acquired it later, derivatively, but the end state is identical.
The derivative rules, the automatic-conversion mechanics, and the N-600 versus N-600K choice are covered in the derivative half of Acquiring U.S. Citizenship Through Parents: Birthright and Derivative Paths.
Path 4 — Naturalization: residence, good moral character, the civics test, and the N-400
Naturalization is the path for the adult lawful permanent resident who was not born a citizen and did not derive it from a parent. Unlike Paths 1–3, citizenship here is earned and conferred: the applicant must meet statutory requirements, pass an examination, and take an oath. The core requirements live in 8 U.S.C. § 1427 and the regulations at 8 C.F.R. Part 316, and the vehicle is USCIS Form N-400, Application for Naturalization.
The eligibility pillars for the standard path are:
- Permanent residence and continuous residence. The applicant must be a lawful permanent resident and have resided continuously in the United States for at least five years immediately before filing. Long trips abroad can "break" continuous residence — an absence of six months to a year raises a presumption of abandonment, and an absence of a year or more generally breaks it outright.
- Physical presence. Within that five-year period, the applicant must have been physically present for at least thirty months (half the time).
- Good moral character (GMC). The applicant must show GMC during the statutory period. Section 8 U.S.C. § 1101(f) lists conduct that bars a finding of good moral character — certain crimes, false testimony to obtain immigration benefits, habitual drunkenness, illegal gambling, and more. GMC is where many applications founder, and it is unforgiving: the Supreme Court's denaturalization decision in Fedorenko v. United States, 449 U.S. 490 (1981), is a reminder that misrepresentation can unravel citizenship even after it is granted.
- Age and residence in a district. At least eighteen years old, with three months of residence in the state or USCIS district of filing.
- English and civics. The applicant must demonstrate the ability to read, write, and speak ordinary English, and must pass a civics test on U.S. history and government (with age- and disability-based exceptions).
- Attachment to the Constitution and the oath. The applicant must be attached to the principles of the Constitution and, finally, take the Oath of Allegiance under 8 U.S.C. § 1448. Citizenship attaches at the oath, not before.
The process runs: file the N-400 (increasingly online), attend a biometrics appointment, sit for the interview and the English/civics tests with a USCIS officer, receive a decision, and — if approved — take the oath at a naturalization ceremony. That ceremony produces the Certificate of Naturalization, the primary proof of citizenship for this path.
Okonkwo worked example. Ada Okonkwo has held a green card for five years, has spent only short stretches abroad, has a clean record, and studies for the civics test on her commute. She files an N-400, does her biometrics, passes her interview and tests, and takes the oath at a ceremony in Houston alongside two hundred others. She walks out a citizen with a Certificate of Naturalization in hand. Her daughter Zara (Path 1) was born a citizen; her son Kelechi (Path 3) derived it from Chidi; Ada herself earned it on Path 4. One family, three doctrines.
Because naturalization requires reading statutes and regulations closely — and because GMC and continuous-residence questions are fact-intensive — the research foundations in Finding the Law: A Beginner's Guide to Legal Research are genuinely useful here. And because a criminal record, a tax problem, or a prior misrepresentation can turn a routine N-400 into a high-stakes matter, this is the classic moment to bring in counsel; see Types of Lawyers: A Field Guide to Legal Specialties and Choosing the Right One on finding an immigration specialist.
Path 5 — Citizenship through marriage and the three-year rule
Marriage to a U.S. citizen does not, by itself, make anyone a citizen — a persistent myth. What marriage does is shorten the naturalization clock. Under 8 U.S.C. § 1430 and 8 C.F.R. Part 319, the spouse of a U.S. citizen may naturalize after three years of continuous residence as a permanent resident instead of five, provided the applicant has been living in marital union with the same citizen spouse for those three years and the spouse has been a citizen for the whole period. The physical-presence requirement shrinks correspondingly to eighteen months. Every other Path 4 requirement — GMC, English, civics, the oath — still applies.
But marriage sits at the end of a longer chain. Before a foreign spouse can even hold the green card that starts the three-year clock, the couple typically travels the family-immigration route: the citizen files Form I-130, Petition for Alien Relative, to establish the qualifying relationship, and the spouse obtains permanent residence, often by filing Form I-485, Application to Register Permanent Residence or Adjust Status, if already in the United States. Recently married couples usually receive conditional permanent residence first and must jointly petition to remove the conditions before the green card becomes permanent. Only then does the § 1430 three-year path to citizenship open. The whole sequence — petition, green card, conditions, three-year naturalization — is the substance of UpLaw's step-by-step treatment.
Two cautions define this path. First, the marriage must be bona fide, not entered to obtain immigration benefits; USCIS scrutinizes commingled finances, cohabitation, and shared life, and marriage fraud carries severe civil and criminal consequences. Second, the marital union must persist through the three years — divorce or separation before naturalization generally knocks the applicant back to the five-year standard path.
Okonkwo worked example. Chidi's cousin Ngozi Okonkwo marries David, a U.S. citizen she met in graduate school. David files an I-130; Ngozi adjusts status via I-485 and receives conditional residence; two years in, they jointly remove the conditions with evidence of a genuine shared life. After three years of marriage and residence, Ngozi files her N-400 under § 1430, passes her interview and civics test, and naturalizes two years faster than she otherwise could have. Because the couple also signed a prenuptial agreement before the wedding, they had already thought carefully about the legal architecture of the marriage — see Prenuptial Agreements: An Overview of Enforceability and Drafting.
The full marriage-based sequence, form by form, is in Obtaining U.S. Citizenship Through Marriage: A Step-by-Step Guide.
Proving and documenting citizenship (passports, certificates, CRBA)
Because three of the five paths make someone a citizen by law rather than by application, a recurring practical problem is proof. Knowing you are a citizen and being able to show it to a passport office, an employer's I-9 process, or an immigration court are different things. Match the document to the path:
- U.S. birth certificate — proves Path 1 (jus soli). A state-issued certificate plus government photo ID is enough to obtain a U.S. passport.
- Consular Report of Birth Abroad (CRBA, Form FS-240) — proves Path 2 (acquisition at birth abroad). Issued by a U.S. embassy or consulate; functionally the "birth certificate" for citizens born overseas.
- Certificate of Citizenship (via Form N-600, or N-600K under § 1433) — proves Paths 2 and 3 for people who need a domestic certificate, especially derivative citizens who never had a ceremony.
- Certificate of Naturalization — proves Paths 4 and 5. Issued at the naturalization ceremony after the oath.
- U.S. passport — the universal, portable proof of citizenship regardless of path; a passport book or card is prima facie evidence of citizenship for most everyday purposes.
The single most valuable habit in this whole area is documenting citizenship early, while parents are alive, records exist, and memories are fresh — especially for derivative and acquired citizens whose status rests on old dates and physical-presence math. A missing certificate is not a legal problem until the day it suddenly is.
The comparative and policy frame (jus soli vs jus sanguinis)
Step back and the American system is a deliberate hybrid. Most of the world's wealthy democracies are primarily jus sanguinis countries — citizenship follows bloodline, and being born on the territory confers little or nothing by itself. The United States, Canada, and much of the Western Hemisphere are the great jus soli holdouts, granting citizenship to nearly everyone born on the soil. The U.S. is unusual in being generous on both axes at once: strong birthright citizenship under the Fourteenth Amendment and broad transmission to children born abroad under § 1401.
That design has consequences and critics. Birthright citizenship is periodically challenged on the theory that "subject to the jurisdiction thereof" should exclude the children of unauthorized immigrants or temporary visitors — a reading Wong Kim Ark forecloses on its facts, but which resurfaces in political and litigation debates. Jus sanguinis has its own frictions: physical-presence rules can leave children of long-absent citizens without any inherited citizenship, and the wedlock distinctions in § 1409 generated the constitutional litigation in Nguyen and Morales-Santana. Understanding why the rules are shaped the way they are — and how fragile or durable each is to change — is what separates a technician from a counselor. The comparative and historical picture, including how the American debate maps onto other nations' choices, is the whole subject of Birthright Citizenship Across Nations: Jus Soli, Jus Sanguinis, and the American Debate.
Citizenship also carries downstream consequences that make it a planning issue, not just a status. U.S. citizens are taxed on worldwide income and face estate- and gift-tax rules that differ sharply from those for non-citizen spouses; families with members on different paths often need to coordinate immigration and wealth planning together. For that intersection, see The Estate Planning and Wealth Transfer Toolkit, UpLaw's Domestic and Offshore Asset Protection Compared: A Wealth-Defense Field Guide, and, for creators and inventors passing assets across a mixed-citizenship family, Passing Down Your IP: Copyright, Patents, Publicity Rights, and Estate Planning. A newly naturalized citizen launching a venture will also want The Small Business Legal Toolkit and, at formation, Incorporating a Startup the Right Way: A Founder's Legal Checklist.
The paths as a working checklist
Use this gated checklist to route a real person to the right path and confirm the essentials. Work top to bottom; the first "yes" usually settles the path.
Gate 1 — Birthright (Path 1)
- [ ] Born in one of the 50 states, D.C., or a qualifying U.S. territory (Puerto Rico, Guam, USVI, CNMI)?
- [ ] Not the child of an accredited foreign diplomat (the one meaningful exception)?
- [ ] If yes to both: citizen at birth under U.S. Const. amend. XIV, § 1 and § 1401(a). Proof = birth certificate → passport. Done.
Gate 2 — Acquisition at birth abroad (Path 2)
- [ ] Born outside the U.S. with at least one U.S.-citizen parent at the time of birth?
- [ ] Did the citizen parent meet the physical-presence requirement in force on the birth date (for one-citizen-parent cases, generally 5 years, 2 after age 14)?
- [ ] For unmarried parents, are the § 1409 conditions (including any paternity acknowledgment) met?
- [ ] If yes: citizen at birth. Document via CRBA (FS-240) and/or Form N-600.
Gate 3 — Derivative citizenship (Path 3)
- [ ] Is the person under 18 with at least one U.S.-citizen parent (by birth or naturalization)?
- [ ] Is the person a lawful permanent resident, residing in the U.S. in the citizen parent's legal and physical custody?
- [ ] If yes: citizen automatically under the Child Citizenship Act / § 1431. Document via Form N-600. (If the child lives abroad, use § 1433 and Form N-600K instead.)
Gate 4 — Naturalization (Path 4)
- [ ] Lawful permanent resident for 5 years, with 30 months physical presence and no broken continuous residence?
- [ ] Good moral character during the statutory period (screen § 1101(f) bars, criminal history, tax, prior misrepresentations)?
- [ ] Age 18+, English ability, and prepared for the civics test?
- [ ] File Form N-400 → biometrics → interview/tests → oath under § 1448. Proof = Certificate of Naturalization.
Gate 5 — Naturalization through marriage (Path 5)
- [ ] Green card obtained through a citizen spouse (I-130 filed; status adjusted via I-485; conditions removed if applicable)?
- [ ] Living in marital union with the same citizen spouse for 3 years, spouse a citizen the whole time?
- [ ] 3 years continuous residence + 18 months physical presence, plus all Gate 4 requirements?
- [ ] File Form N-400 under § 1430 → interview/tests → oath. Proof = Certificate of Naturalization.
Always
- [ ] Document citizenship early; match the certificate to the path.
- [ ] If there is any criminal history, tax irregularity, prior removal, or wedlock/physical-presence complexity, consult qualified immigration counsel before filing.
Primary Authority
Constitution
- U.S. Const. amend. XIV, § 1 (Citizenship Clause).
Statutes — Immigration and Nationality Act (Title 8, U.S. Code)
- 8 U.S.C. § 1401 (citizens at birth — jus soli and acquisition abroad).
- 8 U.S.C. § 1409 (children born out of wedlock).
- 8 U.S.C. § 1427 (requirements for naturalization; continuous residence and physical presence).
- 8 U.S.C. § 1430 (naturalization through marriage to a U.S. citizen).
- 8 U.S.C. § 1431 (automatic derivative citizenship for children — INA § 320; Child Citizenship Act of 2000).
- 8 U.S.C. § 1433 (citizenship for children residing abroad — INA § 322).
- 8 U.S.C. § 1448 (Oath of Allegiance).
- 8 U.S.C. § 1101(f) (definition of good moral character).
- Child Citizenship Act of 2000, Pub. L. No. 106-395.
Regulations
- 8 C.F.R. Part 316 (naturalization — general requirements).
- 8 C.F.R. Part 319 (naturalization — spouses of U.S. citizens).
- 8 C.F.R. Part 322 (citizenship for children residing abroad).
Cases
- United States v. Wong Kim Ark, 169 U.S. 649 (1898) (birthright citizenship for children born on U.S. soil to non-citizen parents).
- Dred Scott v. Sandford, 60 U.S. (19 How.) 393 (1857) (overruled by the Fourteenth Amendment).
- Elk v. Wilkins, 112 U.S. 94 (1884) (early "subject to the jurisdiction" analysis).
- Afroyim v. Rusk, 387 U.S. 253 (1967) (citizenship cannot be involuntarily stripped).
- Nguyen v. INS, 533 U.S. 53 (2001) (§ 1409 paternity-acknowledgment requirement upheld).
- Sessions v. Morales-Santana, 137 S. Ct. 1678 (2017) (gender differential in transmission requirements unconstitutional).
- Fedorenko v. United States, 449 U.S. 490 (1981) (denaturalization and good moral character).
USCIS / Department of State Forms
- Form N-400 (Application for Naturalization); Form N-600 (Certificate of Citizenship); Form N-600K (§ 322 citizenship for children abroad); Form I-130 (Petition for Alien Relative); Form I-485 (Adjust Status); Form FS-240 (Consular Report of Birth Abroad).
Secondary Sources
- U.S. Citizenship and Immigration Services, Policy Manual, Vol. 12 (Citizenship and Naturalization).
- U.S. Department of State, Foreign Affairs Manual, 8 FAM (Nationality and Naturalization).
Related UpLaw Resources
Related Guides & Articles
- Acquiring U.S. Citizenship Through Parents: Birthright and Derivative Paths
- Obtaining U.S. Citizenship Through Marriage: A Step-by-Step Guide
- Birthright Citizenship Across Nations: Jus Soli, Jus Sanguinis, and the American Debate
- Prenuptial Agreements: An Overview of Enforceability and Drafting
- Domestic and Offshore Asset Protection Compared: A Wealth-Defense Field Guide
- Passing Down Your IP: Copyright, Patents, Publicity Rights, and Estate Planning
- Types of Lawyers: A Field Guide to Legal Specialties and Choosing the Right One
- Finding the Law: A Beginner's Guide to Legal Research
- Case Law Research: Finding, Reading, and Verifying Judicial Decisions
Related Checklists
Related Toolkits
This toolkit is general legal information from UpLaw (uplaw.us), not legal advice, and does not create an attorney-client relationship. Immigration statutes, regulations, forms, and fees change frequently, and physical-presence and eligibility rules depend on dates and facts specific to each person; verify current requirements with USCIS and consult qualified immigration counsel before acting.