What is the Difference Between Naturalization and Birthright Citizenship?

What Is Naturalization and How Does It Differ From Birthright Citizenship?

Have you ever wondered about the different paths to American citizenship? While some people are born as U.S. citizens, others choose to become Americans through a process called naturalization.

Naturalization is the voluntary journey through which immigrants can become full U.S. citizens. It’s a process carefully outlined in the Immigration and Nationality Act (INA) and managed by the U.S. Citizenship and Immigration Services (USCIS). For many, it represents the culmination of years—sometimes decades—of living, working, and building a life in America.

Three Types of Citizenship

There are three distinct ways someone can become an American citizen:

• Citizenship by birth occurs automatically for anyone born on American soil, including territories such as Puerto Rico, Guam, and the U.S. Virgin Islands. This principle, known as “jus soli” or “right of the soil,” is guaranteed by the 14th Amendment to the Constitution.
• Citizenship by acquisition applies to children born outside the United States to American parents. These children may automatically become citizens at birth, depending on factors such as how long their U.S. citizen parents have previously lived in America.
• Citizenship by naturalization — the U.S. immigration naturalization process — is the path for lawful permanent residents (green card holders) who choose to become citizens after meeting specific requirements and demonstrating their commitment to American values.

What makes naturalization special is that it represents a conscious choice. Unlike birthright citizenship, naturalization requires an application, testing, and culminates in taking an oath of allegiance to the United States. It’s a meaningful commitment to becoming part of the American story.

Birth, Acquisition, & Naturalization at a Glance

If you were born in the United States or its territories, congratulations — you’re already a U.S. citizen! Your citizenship was automatic and immediate at birth, and no application is needed. This includes children born on U.S. military bases abroad in some circumstances.

If you were born outside the U.S. to at least one American parent, you might already be a citizen through acquisition. The rules here can be complex and have changed several times over the decades, so the specific law in effect at your birth determines your status. If you acquired citizenship automatically, you don’t need to naturalize—instead, you can apply for a Certificate of Citizenship using Form N-600 to document your status.

If you were born outside the U.S. to non-U.S. citizen parents and later became a green card holder, the U.S. immigration naturalization process is your path to citizenship. You’ll need to meet residency requirements, demonstrate good moral character, apply using Form N-400, pass English and civics tests, and take the Oath of Allegiance.

Key Eligibility Requirements & Common Exceptions

At its core, becoming a U.S. citizen requires that you’ve been a lawful permanent resident (green card holder) for a certain period, have spent enough time physically in the United States, and have demonstrated good character during your time here. But as with many aspects of immigration law, there are nuances worth understanding.

You’ll need to be at least 18 years old to apply on your own behalf. If you’re younger, you may still qualify for citizenship, but through a different process.

The length of time you need to hold your green card depends on your situation. Most applicants require 5 years, but if you are married to a U.S. citizen, the time requirement drops to 3 years. And for those who’ve served in the U.S. military, the requirements can be even more favorable – sometimes the residency requirement is waived entirely during periods of conflict.

Beyond these time requirements, you’ll need to demonstrate English language proficiency (reading, writing, speaking, and understanding) and knowledge of U.S. government and history through a civics test. You’ll also need to show an attachment to the principles of the U.S. Constitution and be willing to take an Oath of Allegiance.

For men who lived in the U.S. between the ages of 18 and 26, registration with the Selective Service System is mandatory. If you were required to register but didn’t, be prepared to explain why and provide evidence of your situation.

Continuous Residence vs. Physical Presence Rules

These two concepts are often confused, but they represent distinct requirements that both impact your eligibility.

Continuous residence

Continuous residence means you’ve maintained your permanent home in the United States. Don’t worry – this doesn’t mean you can never travel abroad. However, extended absences can raise concerns.

If you’re gone for more than 6 months but less than a year, USCIS may question whether you’ve abandoned your U.S. residence. Be prepared to show evidence that you maintained ties to the U.S. during your absence – things like a home you continued to pay for, family who remained here, or a job you returned to.

Trips lasting more than a year will automatically break your continuous residence unless you obtain a re-entry permit before leaving. This is a critical point that catches many applicants by surprise.

Physical presence

Physical presence is more straightforward – it’s the actual counting of days you’ve been on U.S. soil. For the standard 5-year path, you need to have been physically present for at least 30 months (2.5 years). If you’re applying based on marriage to a U.S. citizen, the waiting period drops to 18 months out of the 3 years.

If you’ve traveled extensively, now’s the time to gather those passport stamps, flight itineraries, and other travel records. USCIS may request detailed documentation of your travel history, particularly if you have made numerous trips abroad.

Good Moral Character & Criminal Issues

Perhaps the most subjective requirement in the U.S. immigration naturalization process is demonstrating “good moral character.” While there’s no perfect definition of what this means, there are clear examples of what it does not mean.

Criminal convictions – especially for serious offenses, such as aggravated felonies – can be a significant obstacle to naturalization. But even smaller issues matter. Failing to pay court-ordered child support, not filing or paying taxes, or lying on immigration forms all raise questions about moral character.

Other concerns include habitual drunkenness, drug abuse, gambling violations, prostitution, or polygamy. Being confined in jail or prison for 180 days or more during your required residence period will also likely prevent you from demonstrating good moral character.

If you have any criminal history, honesty is absolutely the best policy. Disclose all relevant information and provide complete documentation regarding what happened and how the case was resolved. Many applicants are surprised to learn that minor offenses from years ago can resurface during the naturalization process.

Evidence of Good Moral Character

The good news is that many issues can be overcome, especially if they occurred outside the statutory period (the 3 or 5 years before filing) or if you can show evidence of rehabilitation. At Alvelo Immigration Legal Solutions, we’ve helped many clients address potential moral character concerns by gathering the necessary documentation and presenting their cases effectively.

Tax compliance is another key element of good moral character. Make sure you’ve filed all required tax returns and have paid (or are on a payment plan for) any taxes you owe. USCIS regularly checks with the IRS during the naturalization process, so addressing any tax issues before applying is essential.

The path to citizenship is as much about demonstrating who you are today as it is about meeting technical requirements. Your journey to becoming an American citizen reflects your commitment to this country and its values – and we’re here to help you navigate every step of that journey.

Step-by-Step U.S. Immigration Naturalization Process

Becoming a U.S. citizen isn’t just checking boxes on a form—it’s a journey that transforms your legal status and opens doors to new opportunities. The U.S. immigration naturalization process follows a clear path from application to citizenship, and understanding each milestone helps you steer this life-changing journey with confidence.

Think of naturalization as a 10-step road trip with important stops along the way. Let’s walk through this journey together:

Step 1: Determine Your Eligibility

Before packing your bags for this citizenship journey, ensure you meet the qualification requirements. Review the requirements we discussed earlier — your green card duration, physical presence, and good moral character. USCIS offers an Eligibility Tool online that can help confirm you’re ready to apply.

Step 2: Prepare and Submit Form N-400

Form N-400 is your official application for citizenship. Think of it as the engine that powers your naturalization journey. You can file this form in two ways: either online or by mail.

Step 3: Pay the Filing Fee

Every journey has its costs. If these fees would cause financial hardship, don’t worry—fee waivers or reductions may be available for qualifying applicants.

Step 4: Attend the Biometrics Appointment

After submitting your application, USCIS will schedule your biometrics appointment. This is where they capture your unique physical identifiers — your fingerprints, photograph, and digital signature. Think of it as creating your digital citizenship passport, which helps verify your identity throughout the process.

Step 5: Complete the Interview

The interview is perhaps the most anticipated step in the U.S. immigration naturalization process. During this face-to-face meeting, a USCIS officer will review your application, test your English language abilities and knowledge of U.S. civics, and ask questions to clarify any information on your application.

Step 6: Receive a Decision

After your interview, USCIS will make one of three decisions:

• Granted: Congratulations! Your application is approved.
• Continued: USCIS needs more information or documentation before making a final decision.
• Denied: Your application has been rejected, with specific reasons provided.

Step 7: Receive Notice to Take the Oath of Allegiance

If approved, you’ll receive Form N-445, Notice of Naturalization Oath Ceremony. This document informs you of the date and location of your citizenship ceremony—the final milestone in your journey.

Step 8: Take the Oath of Allegiance

The oath ceremony is the emotional culmination of your journey to citizenship. You’ll return your Permanent Resident Card, take the Oath of Allegiance to the United States, and receive your Certificate of Naturalization. Many people describe this moment as deeply moving—the official beginning of their American citizenship.

Step 9: Understand Your Rights and Responsibilities

With citizenship comes new privileges and duties. You’ll gain the right to vote, serve on juries, run for elected office, and travel with a U.S. passport. You will also take on the responsibilities of supporting and defending the Constitution, as well as participating in our democracy.

Step 10: Apply for a U.S. Passport

With your Certificate of Naturalization in hand, you can apply for a U.S. passport—the internationally recognized symbol of your new American citizenship.

Contact Alvelo Immigration Legal Solutions, PLLC, For Help Completing Your Naturalization Process

While becoming a U.S. citizen requires patience and preparation, the rewards make every step worthwhile. Imagine casting your first vote in an election, traveling freely with a U.S. passport, or sponsoring family members to join you in America. These privileges await at the end of your naturalization journey.

At Alvelo Immigration Legal Solutions, we understand that this journey isn’t just about paperwork – it’s about your life, your family, and your future. Our team, led by bilingual attorney Wanda Alvelo, focuses on making the path to citizenship smoother and less stressful. We take the time to know you understand your unique circumstances and address your specific concerns.

To learn more about our services or to schedule a consultation, visit our website at Alvelo Immigration Legal Solutions or contact our office directly. Your citizenship journey matters to us, and we’re committed to standing with you every step of the way.