Legal Definitions - Nationality Act

The term "Nationality Act" commonly refers to the Immigration and Nationality Act (INA), which is the foundational and comprehensive body of federal law in the United States governing immigration, citizenship, and the naturalization process. While often used interchangeably, "Nationality Act" specifically highlights the provisions within the INA that determine who is a U.S. citizen, how individuals can become citizens (naturalization), and under what circumstances citizenship might be lost. It establishes the legal framework for acquiring and maintaining U.S. nationality.

• Example 1: Naturalization Process

  Maria, a lawful permanent resident for seven years, decides she wants to become a U.S. citizen. She applies to naturalize, demonstrating continuous residency, good moral character, and passing a civics and English language test.

  Explanation: Maria's entire application for naturalization, from the eligibility criteria she must meet to the oath of allegiance she takes, is governed by the specific provisions of the Immigration and Nationality Act. The INA dictates the legal pathway for her to acquire U.S. citizenship.

• Example 2: Citizenship for Children Born Abroad

  Sarah and David, both U.S. citizens, are living and working in Japan when their daughter, Emily, is born. They want to ensure Emily is recognized as a U.S. citizen from birth.

  Explanation: The Immigration and Nationality Act contains detailed sections outlining how children born outside the United States to U.S. citizen parents can acquire U.S. citizenship at birth. Sarah and David would follow the INA's guidelines, such as reporting Emily's birth to a U.S. consulate, to establish her claim to U.S. nationality under the Act.

• Example 3: Potential Loss of Citizenship

  John, a U.S. citizen, intentionally and voluntarily takes an oath of allegiance to a foreign state with the specific intent to relinquish his U.S. citizenship.

  Explanation: The Immigration and Nationality Act specifies the conditions and procedures under which a U.S. citizen can voluntarily lose or relinquish their citizenship. John's actions, if performed with the requisite intent as defined by the INA, could lead to the loss of his U.S. nationality according to the Act's provisions.