The latest executive actions on immigration have prompted many Americans to worry about the need to prove that they are actually United States citizens. A number of documents can be used to prove one’s United States citizenship and depends on the mode in which citizenship was acquired.
United States citizens can be divided into two groups—natural (those who became citizens the moment they were born) and naturalized (those who acquired citizenship later on in their life). Both groups have equal rights and responsibilities with the sole exception that only natural-born citizens can serve as United States President or Vice President.
Natural-born citizens become US citizens by virtue of being born on the territory of the United States of America (this is known as birthright citizenship) or by virtue of having parents who are United States citizens, at least one of whom had residence in the United States of America at one point in their life. Birthright citizenship extends to those born in most US territories, including Puerto Rico, the United States Virgin Islands, Guam, and the Northern Mariana Islands, but does not include American Samoa and the Swains Island (the latter is uninhabited), where individuals are granted the status of US non-citizen nationals.
If only one parent is a US citizen, but the other parent is a US national, and the birth occurs outside of the United States, their child automatically becomes a natural-born US citizen provided the US citizen parent resided in the United States for a continuous period of at least 1 year.
If only one parent is a US citizen, but the other is neither a US citizen nor US national, and the birth occurs outside of the United States, their child automatically becomes a natural-born US citizens provided the US citizen parent was physically present in the United States for a period of at least 5 years, at least 2 of which were after the US citizen parent’s 14th birthday.
Individuals who were not born as United States citizens can acquire citizenship through the process of acquisition (available for minor adoptees) or naturalization.
Since 2001, minors adopted by US citizens automatically acquire United States citizenship and receive a Certificate of Citizenship that serves as proof of their US citizenship.
Non-citizen adults can acquire United States citizenship only through naturalization. Naturalization is usually available for individuals who have been permanent residents of the United States for at least 5 years, with a requirement to be physically present in the United States for at least 2.5 years (absences of over 6 month reset this time-frame and may result in loss of permanent residency status).
Individuals who are permanent resident spouses of United States citizens are eligible for a reduced required permanent residency and physical presence requirement before they can apply for citizenship (3 years and 1.5 years respectively).
All individuals applying for naturalization must have been residents of the state or territory in which they are applying for at least 3 months prior to the application and must remain residents of that jurisdiction until they officially become citizens.
Non-citizen nationals, i.e. mostly individuals who were born in American Samoa, can apply for US citizenship upon establishing residency in a US State.
Certain individuals, such as those who have honorably served in the United States military, those who have completed the Military Accessions Vital to National Interest program, or those with extraordinary professional achievements or contributions (e.g. Olympic athletes or scientists), may be exempted from the permanent residency and/or physical presence test.
Individuals intending to naturalize must file Form N-400, Application for Naturalization, with the United States Citizenship and Immigration Services (USCIS), answering a detailed questionnaire on residency and moral character. Upon approval, applicants are invited to an interview, during which they must pass the American Civics Test (correctly answering 6 out of 10 questions on US history and civics) as well as any other biographical questions asked by the interviewer to determine residency and moral character. Working proficiency in the English language must also be demonstrated, although this requirement is removed for long-term permanent residents (over 20 yeas for individuals over 50 years of age; or over 15 years for individuals over 55). Individuals over 65 can be given a shorter list of questions, and those with physical and/or mental disabilities may be fully exempted from the test.
Individuals who satisfy all requirements are then invited to take the Oath of Allegiance, upon which they become naturalized United States citizens and receive their Certificate of Naturalization.
Documents that serve as evidence of citizenship
Since the mode of acquiring United States citizenship can vary, there are a number of documents that can be used as proof that a given individual is a United States citizen.
Citizens born in the United States can simply use their birth certificate issued by a US city, county, state, or territory (with the exception of American Samoa).
Natural citizens born abroad should normally be able to obtain a Consular Report of Birth Abroad (also known as form FS-240) from the United States Department of State, provided their parents registered the birth with the United States embassy or consulate in the country of birth before the citizen child’s 18th birthday. In situations where only one parent is a US citizen, the citizen parent would need to prove at least 5 years of residence in the United States, with 2 of those years being after that parent’s 14th birthday. The Consular Report of Birth Abroad is prima facie evidence of United States citizenship.
The situation becomes more complicated if the parents never registered the birth. In some cases, it is necessary to present a birth certificate issued by the foreign country (showing the names of the parents) accompanied by evidence that at least one of the parents was a US citizen. If only one parent was a US citizen, it would be necessary to prove that the parent resided in the United States for at least 5 years (2 of which occurred after that parent’s 14th birthday). This can be done by presenting that parent’s school, employment, or military records; deeds, mortgages, or leases showing residence; attestations by churches, unions, or other organizations; US Social Security Administration quarterly reports showing earning of Social Security credits; or affidavits of third parties confirming the residence of that parent in the United States.
If the parents were not married at birth and US citizenship is claimed through a US citizen father, it would also be necessary to provide proof of legitimation prior to the child’s 16th birthday (some exceptional cases provide for legimation before a child’s 18th or 21st birthday). Legitimation generally means legal confirmation of fatherhood, which can vary from jurisdiction to jurisdiction. The United States defers to the rules of the jurisdiction in which the child or father resided.
Once evidence for citizenship is collected, the applicant can apply for a US passport or passport card by filing Form DS-11 with the United States Department of State or a Certificate of Citizenship by filing Form N-600 with the United States Citizenship and Immigration Services. Both a US passport / passport card and a Certificate of Citizenship are considered prima facie evidence of US citizenship.
When it comes to naturalized citizens, adopted children qualify for a Certificate of Citizenship, while all others should have a Certificate of Naturalization as their prima facie evidence of United States citizenship. If the Naturalization Certificate is lost, naturalized citizens can apply for a replacement by filing From N-565, Application for Replacement of Naturalization/Citizenship Document, with the USCIS.
State-issued driver’s licenses and identification cards cannot serve as proof of United States citizenship unless they are enhanced driver’s licenses or state IDs, which are currently only issued in the States of Vermont, New York, Michigan, Minnesota, and Washington. Only US citizens are eligible for enhanced driver’s licenses / state IDs and must provide proof of such when applying for one.
To summarize, the following documents are considered the basic confirmation of US citizenship:
–US birth certificate (issued by US cities, counties, and states)
– US Consular Report of Birth Abroad (US Department of State Form FS-240)
– US Certificate of Citizenship (issued by the US Citizenship and Immigration Services)
– US passport / passport cards (issued by the US Department of State)
– US Certificate of Naturalization (issued by the US Citizenship and Immigration Services, for naturalized citizens only)
– US Enhanced Driver’s License (issued by the States of Vermont, New York, Michigan, Minnesota, and Washington, available only for residents of those states)
Logos International is here to assist you with retrieving whatever proof of citizenship you require. We will carefully examine your case to determine which document we should retrieve to serve as evidence of your US citizenship.
Please e-mail us at info@apostille.us or call us at (212) 233-7061 for a free consultation on your case.