As one of the most diverse countries in the world, the United States of America is home to people of many different nationalities. But what exactly does it mean to be a US national? In this article, we’ll explore the ins and outs of US nationality, from its history to the requirements for obtaining it.
What Is Nationality?
Before we dive into the specifics of US nationality, let’s first define what we mean by “nationality.” In general, nationality refers to the legal status of belonging to a particular nation or country. This can be determined by various factors, such as place of birth, ancestry, or naturalization.
Most countries have their own laws and requirements regarding nationality. In the case of the US, nationality is determined primarily by jus soli (Latin for “right of the soil”) and jus sanguinis (“right of blood”). Let’s take a closer look at each of these.
Jus Soli: Birthright Citizenship
Jus soli refers to the principle that anyone born on US soil is automatically a US citizen, regardless of their parents’ nationality. This means that even if a child’s parents are not US citizens, if they are born within the US, they are considered US nationals from birth.
The idea of birthright citizenship has been a fundamental aspect of US nationality law since the country’s inception. It was enshrined in the 14th Amendment to the US Constitution in 1868, which states that “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.”
There are a few exceptions to jus soli citizenship. For example, children born to foreign diplomats on US soil are not considered US citizens, as they are not subject to US jurisdiction. Additionally, children born on US soil to parents who are in the country illegally are not automatically US citizens.
Jus Sanguinis: Citizenship by Descent
In addition to jus soli, the US also recognizes jus sanguinis, which refers to the principle of citizenship by descent. This means that a person can be considered a US national if one or both of their parents are US citizens, even if they were not born in the US.
There are several ways that a person can acquire US citizenship through jus sanguinis. For example, a child born to US citizen parents outside of the US may be considered a US national if certain conditions are met. Similarly, a person may be able to obtain US nationality through the naturalization of their US citizen parent or grandparent.
Naturalization: Becoming a US Citizen
In addition to birthright citizenship and citizenship by descent, it is also possible to become a US national through naturalization. This process involves meeting certain requirements and going through a formal application process.
To be eligible for naturalization, an individual must typically meet the following criteria:
- Be at least 18 years old
- Have been a lawful permanent resident (green card holder) for at least five years (or three years if married to a US citizen)
- Have demonstrated good moral character
- Be able to speak, read, and write basic English
- Pass a civics test on US history and government
If these requirements are met, the individual can then complete the naturalization application process, which includes submitting various forms and attending an interview with a US Citizenship and Immigration Services (USCIS) officer.
Conclusion
US nationality is determined by a combination of birthright citizenship, citizenship by descent, and naturalization. Whether you are a US citizen by birth or by choice, being a US national comes with many rights and responsibilities, including the ability to vote, work, and live in the country. By understanding the ins and outs of US nationality law, you can better navigate the complexities of this important legal status.
