Nationality Law of United States
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The nationality law of the United States determines who is considered a citizen of the United States and outlines the process for acquiring and losing citizenship. The main legislation governing US nationality is the Immigration and Nationality Act, which has undergone various amendments over the years.
Birthright citizenship (jus soli): The United States follows the principle of jus soli, which grants automatic citizenship to individuals born on US soil, regardless of the nationality or immigration status of their parents. This includes children born in the United States, including its territories and possessions, such as Puerto Rico or Guam.
Citizenship through descent (jus sanguinis): US nationality law also recognises citizenship based on descent or jus sanguinis. This means that individuals born outside the United States to at least one US citizen parent may acquire US citizenship at birth, provided certain conditions are met. The specific requirements depend on factors such as the parents' citizenship status, the number of years the US citizen parent has resided in the US, and whether the child was born in wedlock.
Naturalisation: Foreign nationals who meet specific requirements can apply for US citizenship through the naturalisation process. Generally, applicants must meet criteria such as lawful permanent residency (holding a Green Card) for a certain period, demonstrating continuous residence and physical presence in the US, meeting English language and civics knowledge requirements, and passing an examination and interview. The naturalisation process grants citizenship rights to individuals who have legally immigrated to the United States.
Derivative citizenship: Children under the age of 18 who are adopted by US citizens or who acquire lawful permanent residency through their US citizen parent may acquire derivative citizenship.
Dual citizenship: The United States generally allows its citizens to hold dual citizenship, meaning they can be citizens of both the United States and another country. However, other countries' laws and restrictions on dual citizenship may apply, and individuals should check the regulations of both countries involved.
It is important to note that US nationality law is complex, and specific requirements and procedures can vary based on individual circumstances. Additionally, there are specific rules and exceptions for individuals born in certain US territories, such as American Samoa or the US Virgin Islands.
