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The Following information
was obtained from the
U.S. Citizenship and Immigration Services
website at
USCIS.gov on 10-18-2007. The
reason I added this page is because the web information has changed
recently.
In fact, when I looked up this information, I could not find where
it said "at least the third grade level" as I was looking for
the requirements to be a citizen on an ability "to read,
write, and speak English."
Note: For the record, when I looked at the web
version of the
Immigration and Nationality Act it stated "Updated Through
August 3, 2007 & Posted September, 2007."
Immigration and Nationality Act
The
Immigration and Nationality Act, or INA,
was created in 1952. Before the INA, a
variety of statutes governed immigration law
but were not organized in one location. The
McCarran-Walter bill of 1952, Public Law No.
82-414, collected and codified many existing
provisions and reorganized the structure of
immigration law. The Act has been amended
many times over the years, but is still the
basic body of immigration law.
The INA is divided into titles, chapters,
and sections. Although it stands alone as a
body of law, the Act is also contained in
the United States Code (U.S.C.). The code is
a collection of all the laws of the United
States. It is arranged in fifty subject
titles by general alphabetic order. Title 8
of the U.S. Code is but one of the fifty
titles and deals with "Aliens and
Nationality". When browsing the INA or other
statutes you will often see reference to the
U.S. Code citation. For example, Section 208
of the INA deals with asylum, and is also
contained in 8 U.S.C. 1158. Although it is
correct to refer to a specific section by
either its INA citation or its U.S. code,
the INA citation is more commonly used.
See the
Immigration and Nationality Act on their
website.
Citizenship
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.
No state shall make or enforce any law which
shall abridge the privileges or immunities
of citizens of the United States; nor shall
any state deprive any person of life, liberty,
or property, without due process of law;
nor deny to any person within its jurisdiction
the equal protection of the laws. -
XIV Amendment to the U.S. Constitution
Citizenship is one of the most coveted gifts
that the U.S. government can bestow, and the
most important immigration benefit that
USCIS can grant. Most people become
U.S. citizens in one of two ways:
- By birth, either within the territory
of the United States or to U.S. citizen
parents, or
- By Naturalization.
In addition, in 2000, Congress passed the
Child Citizenship Act (CCA), which allows any
child under the age of 18 who is adopted by
a U.S. citizen and immigrates to the United
States to acquire immediate citizenship.
This channel of
USCIS.gov will give you information on the
various paths to citizenship.
This page was be found on 10-15-2007
at
http://www.uscis.gov/citizenship
Naturalization
Naturalization is the process by which U.S.
citizenship is conferred upon a foreign
citizen or national after he or she fulfills
the requirements established by Congress in
the Immigration and Nationality Act (INA).
The general requirements for administrative
naturalization include:
-
a period of continuous
residence and physical presence in the
United States;
-
residence in a
particular USCIS District prior to
filing;
-
an ability to read,
write, and speak English;
-
a knowledge and
understanding of U.S. history and
government;
-
good moral character;
-
attachment to the
principles of the U.S. Constitution;
and,
-
favorable disposition
toward the United States.
Note: Recent changes
in immigration law and USCIS procedures now
make it easier for U.S. military personnel
to naturalize (see Naturalization
Information for Military Personnel).
All naturalization applicants must
demonstrate good moral character,
attachment, and favorable disposition. The
other naturalization requirements may be
modified or waived for certain applicants,
such as spouses of U.S. citizens. Applicants
should review the materials listed under
"Related Links" and carefully read the N-400
application instructions before applying.
This page can be found at
http://www.uscis.gov/naturalization
Citizenship of Children
The 14th Amendment of the U.S. Constitution
guarantees citizenship at birth to almost
all individuals born in the United States or
in U.S. jurisdictions, according to the
principle of jus soli. Certain
individuals born in the United States, such
as children of foreign heads of state or
children of foreign diplomats, do not obtain
U.S. citizenship under jus soli.
Certain individuals born outside of the
United States are born citizens because of
their parents, according to the principle of
jus sanguinis (which holds that the
country of citizenship of a child is the
same as that of his / her parents). The U.S.
Congress is responsible for enacting laws
that determine how citizenship is conveyed
by a U.S. citizen parent or parents
according to the principle of jus
sanguinis. These laws are contained in
the Immigration and Nationality Act.
In addition, Each year, many people adopt
children from outside the U.S. The Child
Citizenship Act of 2000 (CCA) grants those
children the ability to automatically become
U.S. citizens when they immigrate to the
United States.
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