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UNITED STATES CITIZENSHIP The basics and definitions
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The Basics Citizenship defined by the 14 th amendment –“All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” Can become a citizen in two ways –NATURALIZATION –BIRTH JUS SOLI JUS SANGUINIS
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Citizenship by Birth Easiest way to be a US citizen? Be born here… –JUS SOLI (“Law of the soil”) Born in the United States, Puerto Rico, Guam, Virgin Islands, Northern Mariana Islands, any US Embassy, or aboard any US public vessel anywhere in the world –JUS SANGUINIS (“Law of the blood”) Child born to an American citizen on foreign soil if –Both parents are American citizens and at least one has lived in the US or an American territory at some time –One parent is an American citizen who has lived in the US for at least 10 years, 5 of them after the age of 14, and the child has lived in the US continuously for at least 5 years between the ages of 14 & 28
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Citizenship through Naturalization NATURALIZATION – legal process by which a person becomes a citizen of another country sometime after birth There are two ways for a person to be naturalized –INDIVIDUAL NATURALIZATION Usually happens when an ALIEN (citizen of another country) approaches a court or INS and begins the process Person is investigated by the Bureau of Citizenship and Immigration Services in the Department of Homeland Security –COLLECTIVE NATURALIZATION Most often happens when the US acquires a new territory Takes a treaty or an act of Congress.
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To become a naturalized citizen, you must… …be at least 18 years old …have entered the country legally and lived here for at least five years –Three years for spouses of citizens …file a petition for naturalization with the clerk of a federal district or state court of record …be literate in the english language …be of “good moral character,” “ attached to the principles of the Constitution,” and “well disposed to the good order and happiness of the United States.” …have “a knowledge and understanding of the fundamentals of the history, and the principles and form of government, of the United States.” …take an oath or affirmation in which he or she absolutely renounces any allegiance to any foreign power and promises to “support and defend the Constitution and laws of the United States against all enemies, foreign and domestic.”
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Loss of Citizenship A person can legally lose their citizenship through a process called EXPATRIATION –Voluntary renouncement of citizenship –Cannot be forced/automatic A person can also be forced to go through DENATURALIZATION by court order –Can only occur by court order –Can only happen if it is shown a person gained citizenship by fraud or deception
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