Legal foundation · reviewed August 29, 2026

Where U.S. citizenship law comes from

Citizenship questions can involve constitutional text, statutes enacted at different times, regulations, judicial decisions and current USCIS administration. The controlling authority can depend on the date and facts of the claim.

Constitution

Article I gives Congress naturalization power; the Fourteenth Amendment contains the Citizenship Clause.

Statutes

Congress enacted the Immigration and Nationality Act and related nationality laws, largely codified in Title 8 of the U.S. Code.

Judicial interpretation

Courts determine what the Constitution, statutes and regulations mean in cases before them. The scope of binding precedent depends on the court.

Regulations and agency administration

DHS regulations in Title 8 C.F.R. implement the statutes; USCIS forms, instructions and policy explain current agency administration.

Key nationality and naturalization statutes

8 U.S.C. § 1101

Definitions

Core INA definitions used throughout immigration and nationality law.

8 U.S.C. § 1401

Nationals and citizens of United States at birth

Citizenship at birth in the United States and several acquisition-at-birth categories.

8 U.S.C. § 1409

Children born out of wedlock

Additional rules for certain citizenship-at-birth claims based on parentage and date of birth.

8 U.S.C. § 1421

Naturalization authority

Authority and jurisdiction for naturalization.

8 U.S.C. § 1423

English and civics requirements

Statutory basis for language and knowledge requirements and exceptions.

8 U.S.C. § 1427

Requirements of naturalization

The ordinary five-year naturalization framework.

8 U.S.C. § 1429

Prerequisite to naturalization

Lawful admission, burden and interaction with removal proceedings.

8 U.S.C. § 1430

Married persons and other special categories

Includes the three-year spouse route and other provisions in INA 319.

8 U.S.C. § 1431

Automatic citizenship for qualifying children

Modern INA 320 rule for children born outside the United States who satisfy the statutory conditions.

8 U.S.C. § 1433

Children regularly residing outside the United States

INA 322 application-based citizenship process for qualifying children abroad.

8 U.S.C. §§ 1439–1440

Military naturalization

INA 328 and INA 329 military-service routes.

8 U.S.C. § 1448

Oath of Allegiance

Statutory oath and permitted modifications.

8 U.S.C. § 1451

Revocation of naturalization

Federal-court denaturalization authority and specified grounds.

Current regulations

The electronic Code of Federal Regulations is the current editorial compilation of federal regulations. For citizenship and naturalization, relevant provisions appear throughout Title 8, including Parts 312, 316, 319, 320, 322, 328, 329, 335 and 337.

Open Title 8 eCFR

Current USCIS administration

Volume 12 of the USCIS Policy Manual covers citizenship and naturalization. Forms and instructions establish filing mechanics and evidence expectations; the current G-1055 supplies fees. Those administrative materials should be read consistently with controlling law.

USCIS Policy Manual, Volume 12

Authority is not one simple ladder

A Supreme Court holding interpreting the Constitution is not subordinate to an agency policy manual. A circuit precedent may bind within that circuit. A valid regulation has legal force but cannot override the statute that authorizes it. For a fuller explanation of how CitizenApproved weighs sources, use the methodology page.

Source methodology