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Naturalization

In the United States of America, naturalization is mentioned in the Constitution. 

Congress has the power to prescribe a uniform rule of naturalization, which was administered by state courts. There was some confusion about which courts could naturalize, finally it was decided that it could be done by any "court of record having common-law jurisdiction and a clerk (prothonotary) and seal." 

The Constitution also mentions 'natural born citizen.' The first naturalization Act used the phrases 'natural born' and 'native born' interchangeably. To be 'naturalized' therefore means to become as if "natural born" -- i.e., a citizen. 

There is an interesting loophole here in that the Constitution does not mandate race-neutral naturalization. Until 1952, the Naturalization Acts written by Congress still allowed only white persons to become naturalized as citizens (except for two years in the 1870s which the Supreme Court declared to be a mistake). 

Naturalization is also mentioned in the Fourteenth Amendment. Before that Amendment, individual states set their own standards for citizenship. The Amendment states that "all persons born or naturalized in the United States and subject to the jurisdiction thereof shall be citizens of the United States and of the State in which they reside."

Whether to Naturalize

 

As an initial matter, the question of whether to naturalize is an intensely personal one with several important factors to weigh.  First, some countries allow for dual citizenship and some do not.  You will want to research your home country’s citizenship laws to be sure, and review the section below on dual citizenship.

 

Second, you may want to consider whether becoming a citizen of the United States makes sense for your life.  All permanent residents are required to pay federal income taxes to the United States, but do not have direct representation in Congress.  As a citizen, you may vote for your government officials.  Other advantages to becoming a citizen are: the right to sit on a jury, expanded rights to sponsor relatives for permanent residence, the ability to accept certain kinds of employment requiring United States citizenship, more convenient travel, and the full protections of the United States Constitution and laws.  In addition, your minor children will normally obtain United States citizenship automatically if you naturalize.

 

As a permanent resident, you may still be subject to deportation should you move abroad, or commit certain criminal acts.  These criminal acts may be relatively minor, yet still be sufficient to strip you of your residence and require you to leave the country.  As a citizen, you would not be subject to deportation or abandonment of status by residing abroad.

 

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