Becoming a U.S. citizen through the naturalization process takes many steps and years. But are there significant differences between U.S. citizenship vs. naturalization? In short, naturalization is one way to obtain U.S. citizenship. Naturalized citizens have essentially the same legal rights as those who obtained citizenship in another way. The primary difference, then, is the naturalization process.
Contact EMP Law for assistance with the immigration and naturalization processes. Our experienced staff and attorneys are ready to take on even the most difficult cases. We can help you no matter where you are in the process.
What Is Naturalization?
Naturalization is the process through which a non-U.S. citizen becomes a U.S. citizen. The process varies little, regardless of how you obtained a green card, with one big exception. If you got your green card based on sponsorship by your U.S. citizen spouse, the process takes less time. Below, we indicate variations for spouses of U.S. citizens with parentheses.
To qualify for naturalization, you must:
- Be 18 or older;
- Have continuously resided in the U.S. with lawful permanent resident (LPR) status for five years (three years for marriage-based);
- Have been present in the U.S. for at least 30 months of the previous five years (18 months of the last three years for marriage-based);
- Attend an interview and show you can read, write, understand, and speak basic English,
- Pass a U.S. government and history (civics) test;
- Prove you have good moral character; and
- Take an Oath of Allegiance, swearing your loyalty to the U.S.
Good moral character under immigration law usually depends on whether you have been convicted of certain crimes, violated immigration law, or otherwise committed harmful acts. Severe crimes may get you deported and prevent you from naturalizing for life. Less severe crimes may prevent you from naturalizing for three to five years.
Is Naturalization the Same As Citizenship?
So, is naturalization the same as citizenship? Naturalization is a way to obtain citizenship—i.e., it is the process by which someone who was not born in this country obtains citizenship. Citizenship, however, encompasses every U.S. citizen, regardless of how they obtained citizenship. So, naturalized citizenship is a subcategory of U.S. citizenship.
How to Obtain Citizenship
Under U.S. immigration law, you can obtain U.S. citizenship through:
- Birth on U.S. soil,
- Your parents, or
- The naturalization process.
Virtually everyone born on U.S. soil—except children of foreign diplomats—is given U.S. citizenship, regardless of their parent’s legal status.
You are also a U.S. citizen if one or both of your parents were citizens when you were born, regardless of where you were born. You also automatically become a citizen if:
- Your parent naturalizes while you are under 18;
- You live in the U.S. with the parent who naturalized; and
- You held LPR status when your parent naturalized.
Finally, you may become a U.S. citizen if adopted by U.S. citizen parents.
Naturalization vs. Citizenship Through Birth or Parents
Ultimately, the differences between naturalization vs. citizenship through other means relate primarily to the process. You do not have to do anything when you become a citizen by being born on U.S. soil or through your parents. When you become a citizen through naturalization, you have to follow a specific, years-long process and maintain good legal status throughout the duration of the process.
Apart from the process, the substantive differences between naturalized citizens and citizens by birth are minimal. Per the U.S. Constitution’s natural-born citizen clause, naturalized citizens are ineligible to become a U.S. president. Naturalized citizens can lose their citizenship (i.e., be “denaturalized”) if the U.S. government concludes they obtained citizenship despite not being eligible. And naturalized citizens use different documents to prove their citizenship.
Certificate of Citizenship vs. Naturalization Certificate
When you obtain citizenship by birth, your birth certificate proves you are a citizen. However, if you get citizenship through your parents or naturalization, you need a certificate of citizenship or a certificate of naturalization to prove your status.
The difference between a certificate of citizenship vs. a naturalization certificate is straightforward. If you obtained citizenship through your parents but were not born on U.S. soil, you (or your parent) may request a certificate of citizenship to prove what is already true—you are a U.S. citizen. You receive a certificate of naturalization as proof you completed the naturalization process.
Summary of Citizenship vs. Naturalization
Unlike getting citizenship in another way, to obtain naturalized citizenship, you must:
- Be 18 or older;
- Qualify for a green card;
- Maintain good immigration status for several years;
- Not commit crimes or actions that render you ineligible to naturalize;
- Pass English language and civics tests (unless exempt); and
- Swear your loyalty to the U.S. government and its ideals.
Apart from those differences created by the naturalization process, you:
- May lose naturalized citizenship if you obtained it improperly,
- Cannot be elected U.S. president, and
- Will use a certificate of naturalization to prove your citizenship status.
Otherwise, naturalized citizens and those who became citizens through other means stand on fundamentally equal footing.
Obtaining U.S. Citizenship
Obtaining U.S. citizenship through birth or a parent’s citizenship is typically—though not always—a simple process. Naturalizing is more complicated, especially if you have a criminal history. EMP Law’s staff and lawyers have handled criminal cases alongside immigration cases for years. Contact us to learn more.
Resources:
Constitution Annotated, Qualifications for the Presidency, link.
United States Citizenship and Immigration Services (USCIS), Chapter 2 – Grounds for Revocation of Naturalization, link.
USCIS, Chapter 2 – Adjudicative Factors, link.
USCIS, Chapter 3 – Certificate of Naturalization, link.
USCIS, Learn About Citizenship, link.
USCIS, N-600, Application for Certificate of Citizenship, link.
U.S. Department of Justice, The Department of Justice Creates Section Dedicated to Denaturalization Cases, link.
U.S. State Department, Obtaining U.S. Citizenship under the Child Citizenship Act, link. U.S. State Department, Acquisition of U.S. Citizenship at Birth by a Child Born Abroad, link.
Michael provides compassionate, diligent, and creative legal services that are tailored to meet each client’s specific needs. His experience relating to clients from diverse backgrounds makes him well suited for representing his clients across a broad range of legal areas. He practices in the areas of employment law and family law, and is experienced in criminal law.
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