Citizenship of United States

America's passport is one of the most popular in the world. In the international ranking of 2024, it ranks 8th. For foreigners, there are 7 ways to obtain an American passport. The document is issued for family reunification, marriage, business immigration, birth, refugees, winners of the diversification lottery. Wealthy people can move to the country on an EB-5 visa and invest $800,000 or $1.05 million in the economy. Subsidies open the way to obtaining permanent residence and a passport in 5 years.

Obtaining methods

Immigration policy is regulated by the Law on Citizenship (H.R. 1177). It outlines all the ways to relocate. Up to 675,000 visas of various categories are issued annually to the immigrants. The annual limit for refugees and non-residents is set by the US Congress.

Status of the birthplace

Its 14th Amendment to the Constitution. Children born in US jurisdictions, including in the airspace/ water area, automatically receive the status of the birthplace. The heirs of foreign heads of state and diplomats are deprived of jus soli filiation.

Citizenship by parents

The US Congress also passed a law of inheritance by right of blood. Persons born abroad to American parents become residents on the basis of jus sanguinis. Those who live in another country and who have reached the age of 18 receive passports according to INA § 320.

Parents fill out the N-600K form for their own/ adopted child, attach documents and send them to the consulate. The package includes birth and marriage certificates of parents, a certificate of adoption, and proof of citizenship. In the event of the death of the father and mother, the right of registration passes to the grandmother/grandfather or guardian. Both filiations guarantee unhindered return to their homeland.

Naturalization

Section 8 of the Constitution provides for the procedure for granting status. It is issued to adult expats who have lived in the territory for the required period requested by a green card. It depends on the groundings and it constitutes 3-5 years. Upon receipt, residents have the same rights and responsibilities as Americans, except for the ability to vote in elections.

The conditions for obtaining citizenship for each category of persons occur in accordance with the established procedure. Applicants are required to speak English (A-2), know the basic laws, culture, and main historical events. The success of the legal procedure depends on the preparation of documents. The dossier is submitted to USCIS. It contains an N-400 form, an immigrant visa scan, a fee receipt, and a photo.

Marriage with a citizen

The official registration of relations with an American is a win-win option for immigrants. A CR-1 permit is required to relocate. Within 3 months, the couple is obliged to marry. On this basis, the IR-1 husband/wife visa is issued. USCIS inspectors check it for fictitiousness with frequent visits. Joint housekeeping, having children and common interests are taken into account.

This is important

If the fact of forgery is revealed, the American is criminally liable, the foreigner is expelled from the country and blacklisted. In the future, this excludes rearrival.

The conditions for obtaining citizenship are 36 months of residence, including 18 months of permanent residence in the status of temporary resident.

To apply, you need to:

• fill in application N-400;
• metrics and passports of the spouses;
• green card;
• an extract from the bank on the timely payment of the mortgage/ loans;
• receipt for the $265 fee.

To prove their life together, applicants attach photo reports and utility bills.

Military service

The passport is issued to permanent residents aged 17-42 who have completed a year of service in the US Armed Forces, combatants, regardless of the term. Discharged recruits apply to the USCIS unit at the location of the unit or file a petition at the consulate online. Families of servicemen are allowed to participate in the program. For them, naturalization is provided for 3 years.

For the file you need:

• form N-426 with the seal of the command;
• scans of form DD 214 and green card;
• document of dismissal;
• social security card; 
• permanent address or lease agreement;
• diploma/ certificate; 
• extract of the NGB of the National Guard from the Service Record;
• ASVAB test data. 

After verification, the passport is ready after 6 months.

Refugee

Internally displaced persons include immigrants who are subjected to political, criminal, religious persecution in their homeland.

Please note

People with criminal convictions, regardless of the statute of limitations, posing a danger to others, noticed in the persecution, cannot apply for the status.

The United States accepts families with unmarried children under the age of 21. After a year, green cards are issued, and after 5 years, citizenship documents are accepted. The dossier includes passports, proof of residence in the territory for 12 months, a certificate of the host/ volunteer organization, and the results of the medical examination.

Family reunification

There are no separate programs for relocation, but people can take advantage of family ties. The law allows the issuance of permanent residence to close relatives of permanent residents under a simplified procedure.

Registration is possible at home and upon arrival in the country on different visas:

• F1 is issued to unmarried persons under the age of 21;
• F2 – to couples with minor children;
• F3 – to heirs of married citizens;
• F4 -to  sisters and brothers.

The algorithm is standard. Includes translation and legalization of documents, filling out the l-485 form for submission on the embassy website, interview, and filing a petition for a Green Card. The cost of the petition processing is $160.

Diversity Immigrant Visa

The country has a Diversity Visa Lottery for permanent residency status. The government annually awards 50,000 emigration visas. Participants are mainly recruited from countries with a low percentage of immigration to the United States. Minimum requirements: secondary education, specialty, 2 years of work experience. Applicants are randomly selected. To draw a Green Card, it is enough for the applicant to fill out a questionnaire.

Application process:

1. Applying on the Diversity Visa Lottery website for a unique registration number.
2. Waiting for official confirmation.
3. Sending scans of documents of close relatives for relocation.
4. Appoint an interview with a consular officer.
5. Passing medical examination at an accredited clinic.
6. Payment of the fee of $330 per family member.
7. Interview with the review of documents to clarify the details.
8. Collection of $220 and filing a petition with USCIS.
9. Issuance of a visa and passport.

Pros of USA citizenship

The massive influx of foreigners to America is explained by the standard of living. It is the first in terms of GDP, the second in terms of purchasing power parity. The passport allows its holder to cross the borders of 172 countries, and 116 do not require visas.

• Parents transfer the status by inheritance, regardless of the actual place of birth and residence. Due to the possibility of obtaining US citizenship by birth, European women and women from third countries go to USA clinics to give birth.
• The social assistance system for all segments of the population allows to receive payments and subsidies. The program provides low-income families with rental subsidies.
• The income tax credit makes it possible to maintain a normal standard of living. People working in low-paid positions are subsidized from $6,000.
• The Social Security program provides payments to pensioners, disabled people, widowed spouses.
• Affordable interest rates make it possible to buy real estate, cars, and property on credit.
• Opportunity for graduates of schools to receive prestigious education at the universities of the country from the world top ranking.
• In the US, free treatment for adults and children is provided by insurance.

Features of taxation in the USA

Americans are obliged to pay taxes to the budget, even if they have never lived here. Double taxation has been signed with many countries. Citizens pay interest on revenues to the budgets of their states, and pay the difference to the treasury of America. They are also required to declare information about foreign accounts with a deposit of $10,000 or more.

Dual Citizenship

The USA authorities do not revoke the legal status of the native country. People living in one of the states are not exempted from duties and rights. Entry / exit to the USA is exclusively on a US passport. A document of any country is suitable for issuing a visa to another state.

Recent reforms of the citizenship program

In 2021, the Senate adopted amendments that simplify the legalization and receipt of an immigrant visa (green card). For the vast majority of relocators, nothing has changed since the reform.

Key Points:

• For residents aged 50+ with 20 years of residence in the territory, as well as aged 55+ with 15 years of experience, standardized language and cultural knowledge tests have been canceled. 
• For spouses of Americans the period of naturalization to 3 years was reduced. 
• The number of quotas for obtaining an immigrant visa for various reasons was increased. 
• The restrictions on the entry of foreigners with sanctions for violations of the term of legal stay in the country were canceled.
• It is allowed to issue a residence permit with the right to work and social packages.

After a 9-year hiatus, Congress re-approved the visa program through March 2027. It provides for reauthorization of previously approved permits by regional centers for capital investment, measures to protect investors.

Citizenship by Investment Program

In 1990, the Investor Visa Program was launched. It led to the creation of the EB-5 investor visa. The project was initiated by the US Congress and is controlled by USCIS. The reason for launching the project is to stimulate the economy, small and medium-sized businesses through the inflow of foreign capital. Key requirement is a direct contribution of $800,000 to the target industry with at least 10,000 employees.

The alternative is to buy a business for the stated amount or start a new one with 10 workplaces in regions with high unemployment rates, rural areas with a population of less than 20,000 people. Sponsors are offered to invest in logistics, the purchase of premises for restaurants, and other infrastructure facilities for $1.05 million. Deposit certificates and treasury bonds are also suitable for investments. Tangible property as separate assets.

Step by step draw up

By law, foreigners become Americans after 5 years in exchange for subsidies. After 3 years they receive residency under general conditions, and then apply for citizenship. While the process is open, investors live on green cards. To obtain it, applicants register on the USCIS portal and complete Form N-400.

List of documents

The following documents will be required:

• Form I-536 and Pre-filed Petition I-526; 
• copies of passports of family members; 
• business ownership; 
• business registration records; 
• business plan and license; 
• tax returns for a period of 5 years;
• police clearance certificate, absence of lawsuits for 15 years.

A receipt for payment of duties is attached to the list.

This is important

To approve the application, the applicant must provide documentation on the legality of the origin of the capital. Candidates are subject to international vetting in order to prevent the laundering of illicit funds. After the sources of funds have been legalized, the file is sent to the National Visa Center.

Translations of documents and creation of a business entity are paid for according to a separate price list.

Consideration and decision

Three weeks after sending the file, a letter arrives with an appointed time for fingerprinting. At the USCIS office, fingerprints and photograph of the applicant are taken, and also it is obtained an electronic signature. The next step is an interview at the scheduled time. It is important for the applicant to answer the questions accurately and give a good reason to stay in America. The employee evaluates language skills and general cultural/historical background.

Depending on the success of the interview, the decision is made immediately or asks to bring documents, or provide more compelling arguments for approval. The refusal can be appealed using form N-336. A month after the decision is made, an invitation to take the oath arrives. To participate, the applicant must complete Form N-445. After the ceremony, newly minted citizens hand over green cards and receive certificates. To obtain passports, fees are paid. After 2 months the documents are ready. Adults are given documents for 10 years, children for 5 years.

Cons of US citizenship

The first disadvantage is the terms. Applications for the EB-5 visa and naturalization are considered 3-4 years. The second is tax liabilities. They provide for the payment of interest on income, including foreign income. The double taxation agreement slightly reduces the financial burden. Because of this, wealthy people live on green cards and receive passports in Caribbean countries.

Before moving to America, investors need to weigh the risks. No one can guarantee that capital will return during the political and economic turbulence after the investment cycle is complete. Experts advise to come first based on visa and to visit the site, then make a decision.