American Citizenship: Who is Eligible?

According to data from the Ministry of Foreign Affairs, the number of Brazilians living in the United States increased by almost 20% from 2016 to 2020. Having American citizenship is a dream for many people who want to live legally in the country. Therefore, in this article, we will explain who is eligible, how it works, as well as the types of American citizenship. You will also see the difference between a Green Card and citizenship and which documents you need to translate.

How Does American Citizenship Work?

The USA adopts the jus soli (right of the soil) criterion for the transmission of its citizenship. Thus, anyone born on American soil is an American citizen, even if their parents have other nationalities or if they were not legalized in the country.

Additionally, there are other ways to acquire American citizenship:

  • Being the child of an American parent born in another country;
  • Being a minor child of a parent who has naturalized (must have a Green Card);
  • Naturalizing as an American;
  • Being adopted by American parents.

Non-Descendants

Only those who reside permanently in the United States (and have a Green Card) can naturalize as Americans.

The most common way to become a permanent resident is to live in the country for at least five years with a work visa. However, there are other visas that allow obtaining a Green Card and, subsequently, citizenship.

For example, those who are spouses of an American citizen and have lived in the United States for three years with a Green Card, and those who have served or are serving in the US military for at least one year, also have the right to American citizenship.

What Are the Types of American Citizenship?

There are two types of American citizenship: original and acquired by naturalization.

According to information from the US Embassy and Consulates in Brazil, original citizenship is acquired by all people born in American territory. Except for children born abroad with an American parent, all other cases of American citizenship occur through naturalization.

What is a Green Card?

A Green Card, US Permanent Resident Card, or “green card,” is the Permanent Resident Card of the United States, a permanent resident visa, granted by US authorities.

According to the US Embassy and Consulates in Brazil, a person who has this visa has received authorization to live and work permanently in the United States.

How to Get a Green Card?

To obtain a Green Card, you need to be migrating to the United States for:

  • Being a family member of an American citizen, preferably a first-degree relative;
  • Being the spouse of a US citizen;
  • Having some type of American visa that allows you to apply for the green card, such as a work, fiancé, or investment visa in the US;
  • Receiving the Green Card through a lottery, held every year in the United States (Brazilians are not eligible for this criterion).

You should check if you are eligible to apply for a Green Card and submit an application to the US government. For this, you need to fill out the form according to the category you fall into. Then, you will go through several stages and need to present the documents required by the US government, in addition to paying a fee to start the process.

Difference Between Green Card and Citizenship

Many people confuse obtaining a Green Card with obtaining American citizenship.

Understand the Difference

To live legally in the United States, you need to have a Green Card, which, as we have seen, consists of permanent residency, unlike applying for citizenship through naturalization.

Permanent residency is one of the types of immigrant visas for the US. With a Green Card, you can study, work, and live in the United States. Citizenship, however, makes you an American citizen, with all the rights and duties, such as a passport and the right to vote.

A Green Card needs to be renewed, while American citizenship is permanent. Additionally, Green Card holders need to notify immigration officers if they need to leave the US for more than a year. With American citizenship, this notification is unnecessary.

Therefore, the concept of residency is different from citizenship, although there is a possibility of them being connected. Having a Green Card is one of the requirements for obtaining American citizenship: it is possible to apply for citizenship after five years of obtaining the Green Card.

Advantages of Having American Citizenship

Check out the main advantages of obtaining American citizenship:

  • Travel to various countries with your American passport, without needing to apply for a visa and without having to notify local authorities;
  • Enroll in the government health insurance;
  • Have children who are American citizens, even if they are not born in the country;
  • Live permanently in any US city;
  • Work legally in the US;
  • Attend public schools and educational institutions in the US;
  • Study at US universities, paying less than a foreign student;
  • Apply for visas for your family members to live in the US;
  • Vote in American elections;
  • Run for public office;
  • Compete for certain federal jobs, among others.

How Long Does the American Citizenship Process Take?

The national average time to complete the American naturalization process is around eight months. However, it can take years or less, depending on the state where you live and your situation.

How Much Does the Process Cost?

In 2022, the US government established a fee of USD 640 to start the naturalization process in the country. Additionally, a fee of USD 85 is charged for biometric collection, totaling USD 725 for filing your application.

You will also have costs with the certified translation of documents from Portuguese to English, as well as with the Hague Apostille and other fees. Thus, it is recommended to reserve around USD 1,000 to apply for your American citizenship.

Which Documents Do I Need to Translate?

Since the United States requires the person to be a resident of the country to apply for American citizenship, the first step to getting the document is through long-term visas, such as work or long-term study visas (more than three years), for example.

To obtain these types of visas, you need to present several documents with certified translation, such as:

  • Birth certificate;
  • Birth certificates and other documents of parents (if there is a direct relationship with an American), proving paternity;
  • Marriage certificate (if your spouse is American);
  • School transcript;
  • Diploma;
  • Bank statement, as well as other documents that may be required according to your case.

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The company provides certified translations in 15 languages, including English, and has a specialized team of 20 public translators.

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