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1 (March 3, 1992)

handle is hein.crs/crsaaad0001 and id is 1 raw text is: Order Code 92-246 March 3, 1992 CRS Report for Congress Received through the CRS Web Basic Questions on U.S. Citizenship and Naturalization Larry M. Eig Legislative Attorney American Law Division Summary This report answers the following questions: Who is a United States citizen at birth? How does one become a naturalized citizen? Must citizens take loyalty oaths? What is the required period of residency prior to being eligible for citizenship? Is a citizenship revocable? If so, under what circumstances? Finally, are there provisions for dual citizenship? If so, under what circumstances? 1. Who Is a United States Citizen at Birth? United States citizenship is conferred at birth both under the principle of jus soli (nationality of place of birth) and the principle of jus sanguinis (nationality of parents). The United States Constitution states as a fundamental rule of jus soli citizenship that [a]ll 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.11 The exceptions to universal citizenship comprehended by the requirement that a person be born subject to the jurisdiction thereof include: (1) children born to a foreign sovereign or accredited diplomatic official; (2) children born on a foreign public vessel, such as a warship; (3) children born to an alien enemy in hostile occupation; and (4) native Indians.2 Federal statutes repeat and expand the constitutional grant of citizenship at birth. Respecting jus soli, the Immigration and Nationality Act of 1962 (INA), as amended, grants citizenship at birth to a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe.' The INA also confers citizenship at birth to persons born in various offshore territories who are subject to the jurisdiction of the 1 U.S. CONST. amend. XIV, § 1. 2 4 C. GORDON & S. MAILMAN, IMMIGRATION LAW AND PROCEDURE § 92.03[3]. 3 INA, § 301(b); 8 U.S.C. § 1401(a). Congressional Research Service **o The Library of Congress

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