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
Definitions
Core INA definitions used throughout immigration and nationality law.
Nationals and citizens of United States at birth
Citizenship at birth in the United States and several acquisition-at-birth categories.
Children born out of wedlock
Additional rules for certain citizenship-at-birth claims based on parentage and date of birth.
Naturalization authority
Authority and jurisdiction for naturalization.
English and civics requirements
Statutory basis for language and knowledge requirements and exceptions.
Requirements of naturalization
The ordinary five-year naturalization framework.
Prerequisite to naturalization
Lawful admission, burden and interaction with removal proceedings.
Married persons and other special categories
Includes the three-year spouse route and other provisions in INA 319.
Automatic citizenship for qualifying children
Modern INA 320 rule for children born outside the United States who satisfy the statutory conditions.
Children regularly residing outside the United States
INA 322 application-based citizenship process for qualifying children abroad.
Military naturalization
INA 328 and INA 329 military-service routes.
Oath of Allegiance
Statutory oath and permitted modifications.
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 eCFRCurrent 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 12Authority 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