There are several different terms that are used to describe the pathways to citizenship which might be confusing and need to be explained. At Buhler-Thomas Law, P.C., we are here to help simplify things for you. Our team will make sure you understand all elements of any application process you or your family undertakes.
One of the most common things that is confusing is the differences between Certificates of Citizenship and Certificates of Naturalization. What are these two certificates, and which one might apply to you?
Basic Differences
Both certificates can be used to prove U.S. citizenship, but they are not the same document. A U.S. Certificate of Citizenship is granted to a person who acquires or derives citizenship from his or her birth to U.S. parents. A naturalization certificate, on the other hand, is granted to a person who becomes a citizen through the naturalization process.
The naturalization process is overseen by USCIS and allows foreign nationals over the age of 18 to become U.S. citizens. Someone born outside the U.S. to parents who are U.S. citizens are likely eligible for a Certificate of Citizenship.
Naturalization Process
To become a naturalized U.S. citizen, a person must fill out all necessary forms, including the N-400. The applicant must already be a green card holder to fill out this form, and must meet certain eligibility requirements, including length of residence, continuous residence and ability to speak and read English. Applicants are required to appear for an interview, and then must pass a civics test and in some situations an English test.
If the applicant is approved, they will take part in a naturalization ceremony where they are required to take the Oath of Allegiance to America. After this, a certificate of naturalization will be granted that proves citizenship.
Rights and Purposes
Holders of either certificate are granted U.S. citizenship rights, including the right to vote and obtain a U.S. passport. In the end, both certificates allow the same rights – it’s just the requirements and application forms that differ.
To learn more about naturalization and citizenship, or to speak with a citizenship attorney, contact us at Buhler-Thomas Law, P.C. today.
In order to obtain a U.S. passport, U.S. citizens should be prepared to provide the following:
- Proof of U.S. citizenship: You must either provide your most recently issued passport, an original U.S. birth certificate, a Consular Report of Birth Abroad (FS-240), a naturalization certificate, or a certificate of citizenship. You must also have photo identification. A driver’s license, social security card, or a voter registration card does not constitute proof of citizenship. ***Applicants may be required to provide additional identifying documentation, which may include, but is not limited to, photographs, medical records, or school records.***
- Two 2″ by 2″ (5 cm x 5 cm) color photos (front view, full face and plain white or off-white background). In Santo Domingo, the ACS Unit now offers a photo service that can take passport photos for U.S. passport applications only. This photo service is offered within the waiting area at the consular section. Please note that this is simply another option as part of our efforts to improve service. It is not mandatory that you obtain your photo at the consular section; you may still obtain passport photos prior to coming to the consular section and must do so when applying at the Consular Agencies.
- Application form, completed but not signed. IMPORTANT: You must print your application after filling it out on line and bring it with you to your appointment.
- Application fee.
In an effort to assist patrons seeking dual citizenship to understand what the National Archives can and cannot assist them with, we’ve compiled some of the most frequently asked questions.
Naturalization is the process by which an alien becomes an American citizen. It is a voluntary act; naturalization is not required.
Prior to September 27, 1906, any "court of record" (municipal, county, state, or Federal) could grant United States citizenship. Often petitioners went to the court most geographically convenient for them. As a general rule, the National Archives does not have naturalization records created in state or local courts. However, a few indexes and records have been donated to the National Archives from counties, states, and local courts. Researchers should contact the National Archives facility serving the state in which the petitioner resided to determine if records from lower courts are available. In certain cases county court naturalization records maintained by the National Archives are available as microfilm publications. Records from state and local courts are often at state archives or historical societies.
Beginning September 27, 1906, US naturalization law imposed a fee structure that encouraged the transfer of naturalization to Federal courts. It took time for the lower courts to let go of the practice, so researchers may need to look at lower courts if the National Archives does not maintain a record of naturalization from the early-mid 20th century.
In general, naturalization was a two-step process* that took a minimum of five years. After residing in the United States for two years, an alien could file a "declaration of intention" ("first papers") to become a citizen. After three additional years, the alien could "petition for naturalization" (”second papers”). After the petition was granted, a certificate of citizenship was issued to the new citizen. These two steps did not have to take place in the same court. [*Exceptions can include cases of derivative citizenship, processes for minor aliens 1824-1906, and special consideration for veterans.]
If a naturalization took place in a Federal court, naturalization indexes, declarations of intention (with any accompanying certificates of arrival), and petitions for naturalization will usually be in the National Archives facility serving the state in which the Federal court is located. No central index exists.
To ensure a successful request with the National Archives researchers should include:
- name of petitioner (including known variants);
- date of birth;
- approximate date of entry to the US;
- approximate date of naturalization;
- where the individual was residing at the time of naturalization (city/county/state);
- and country of origin
In most cases, the National Archives will not have a copy of the certificate of citizenship. Two copies of the certificate were created – one given to the petitioner as proof of citizenship, and, after September 26, 1906, one forwarded to the Immigration and Naturalization Service (INS).
Certificates of citizenship were issued by the Federal courts until October 1991 when naturalization became an administrative function under the INS.
All INS records are now overseen by the US Citizenship and Immigration Services (USCIS). USCIS maintains duplicate copies of court records (including the certificate of citizenship) created September 27, 1906-March 31, 1956 within Certificate Files (C-Files). Beginning April 1, 1956, INS began filing all naturalization records in a subject’s Alien File (A-File). C-Files and certain A-Files can be requested through the USCIS Genealogy Program. If you are a naturalized citizen seeking your own documentation, you can place a Freedom of Information Act (FOIA) request to USCIS to obtain a copy of your A-File and/or request a replacement certificate of citizenship from USCIS.
Please Note:
- Although there can be inaccuracies in naturalization records, the records cannot be changed or corrected by National Archives staff because they are historic documents that are maintained as they were created by the courts.
- National Archives staff can only issue a certified copy of a document in our custody (see 44 USC 2116 and 44 USC 3112).
- The National Archives does not have authority to issue an apostille. The US Department of State has the authorization to issue an apostille of a copy of a document certified by the National Archives.
- The National Archives does not have the authority to issue a certification of non-existence of a record, and can only issue a negative search letter. Negative results for a search of National Archives holdings only indicates that a naturalization record was not found in the possession of the National Archives, not that it does not exist.
- USCIS has exclusive authority over matters concerning citizenship records after 1906 and can provide a Certification of Non-Existence of a Record of Naturalization (see “About Further Research”).