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The 14th Amendment to our constitution provides that all persons born or naturalized in the United States are citizens. All children born in the United States except those born to foreign diplomatic officers are U.S. citizens at birth.

Citizenship may also be acquired for those born outside of the U.S. if one or both of the parents are citizens. This is called derivative citizenship. The laws governing this type of case are controlled by Congress and have changed many times.
The following factors are critical in determining derivative citizenship:
* Date of Birth
* Legitimacy
* Which parent was a United States citizen
* Whether the parent had lived in the U.S. and the time periods of the residency
* Whether the child resides in the U.S. and the time periods of the residency.

Citizenship may also have been conferred through naturalization. Except for eligibility to become President and a few other exceptions, naturalization carries all the rights, duties and privileges of citizenship obtained by birth in the U.S

To apply for naturalization means that you wish to change your status from that of permanent resident to that of a United States citizen. To do so you must: * Be 18 years of age and have been a lawful permanent resident for a least 5 years or 3 years after you acquired your permanent resident status through marriage to a U.S. citizen as long as that marriage is still viable. You must have spent at least half of the period required for residence in the United States physically in the United States.
* Be a person of good moral character and loyal to the U.S.
* Be able to read, write, speak, and understand English.
* Have basic knowledge and understanding of the history, government, structure and the constitution of the United States.
* Be willing to take an oath of allegiance to the United States.
* Must reside in the state in which you file the naturalization application for only three months immediately preceding the filing.

The residence requirement is also often confusing. Although, you must have resided continuously in the United States for at least five years, this does not mean you must have been physically present in the U.S. the whole time. Absences of up to half of the required time may be permitted. Remember that the time period that the Immigration and Naturalization (INS) takes into account is the three or five period immediately proceeding the period of your application for naturalization.

To be considered a person of good moral character, you cannot be or have not been during the required residence period an alcoholic, a polygamist, involved with drugs or convicted of certain drug offenses, a gambler, convicted of a crime involving moral turpitude or convicted of murder. Persons with criminal records may have a problem and should consult a criminal defense attorney and Thomas Esparza, Jr. Failure to meet tax and child support obligations may be considered to demonstrate a lack of Good Moral Character. Finally, the INS may consider other factors that accrued outside the required time frame if they are relevant.

U.S. CITIZENSHIP TEST - To become a U.S. citizen, you must understand and answer questions about the system of government as well as basic American history. You must be able to speak and write English, and prove you are eligible for citizenship based on your answers on the N-400 Form. During your interview, you can expect to be asked 5 to 10 questions about U.S. history and government. You will be expected to answer in English

DUAL NATIONALITY - Refers to a person who is a citizen of two countries at the same time. There are many ways you can be a citizen of two different countries. If you're a U.S. citizen, you may obtain citizenship in another country by marriage. If you've been naturalized into the U.S., you become a citizen of the Unites States and maintain our original citizenship. Becoming a U.S. citizen has no bearing on current citizenship in other countries. Likewise, you don't lose your U.S. citizenship if you gain citizenship in another country. You can, however, lose your American citizenship if you voluntarily apply for foreign citizenship with the intention of surrendering your citizenship with the U.S. Dual nationals owe allegiance to both countries and are required to obey the laws of each. Both countries can enforce their laws on people with dual citizenship. You must have a U.S. passport to enter and leave the U.S. and other countries may require the same.

CHILDREN BORN OUTSIDE THE U.S. - You can go to the American embassy or consulate located in the country of birth of the child and fill out forms FS-240. If you and your spouse are both U.S. citizens, and one of you resided in the United States prior to the child's birth, and the child was born in wedlock, your child born abroad acquires U.S. citizenship.

Remember, there are many considerations that the Immigration and Naturalization Service reviews in determining your citizenship status or eligibility to naturalize. Before you make a determination of your eligibility, you should seek the advice of an attorney who specializes in the area of Immigration and Nationality Law.