Legal Basis

Understanding the legal foundation of U.S. citizenship law

⚖️ Legal Hierarchy

U.S. citizenship law follows a hierarchy of authority. The Constitution is the supreme law, followed by federal statutes (Title 8 U.S.C.), then regulations (8 CFR), and finally agency policy guidance. Understanding this hierarchy helps you verify information correctly.

Legal Foundation

U.S. Constitution

Article I, Section 8, Clause 4 grants Congress the power to establish a uniform rule of naturalization.

  • •Supreme law of the land
  • •Naturalization Clause establishes federal authority
  • •Fourteenth Amendment defines citizenship by birth
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Immigration and Nationality Act (INA)

The primary federal statute governing immigration and citizenship in the United States.

  • •Originally enacted as the McCarran-Walter Act of 1952
  • •Codified in Title 8 of the U.S. Code
  • •Covers all aspects of immigration and naturalization
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Title 8 U.S. Code

Aliens and Nationality - the official statutory law containing all citizenship requirements.

  • •§1401 - Nationals and citizens at birth
  • •§1427 - Requirements of naturalization
  • •§1430 - Married persons and employees of certain organizations
  • •§1439-1440 - Military service naturalization
  • •§1431-1433 - Derivative citizenship
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8 CFR (Code of Federal Regulations)

Implementing regulations that provide detailed rules and procedures.

  • •Published by the Office of Federal Register
  • •Updated daily through the eCFR
  • •Contains procedural requirements and definitions
  • •USCIS, CBP, and ICE must follow these rules
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Key Code Sections

Code SectionTitle
8 U.S.C. § 1401Nationals and citizens of United States at birth
8 U.S.C. § 1409Children born out of wedlock
8 U.S.C. § 1427Requirements of naturalization
8 U.S.C. § 1429Prerequisite to naturalization; burden of proof
8 U.S.C. § 1430Married persons and employees of certain organizations
8 U.S.C. § 1431Children born outside U.S. of one citizen parent
8 U.S.C. § 1433Children born and residing outside U.S.
8 U.S.C. § 1439Naturalization through service in armed forces
8 U.S.C. § 1440Naturalization through active-duty service in wartime
8 U.S.C. § 1448Oath of renunciation and allegiance
8 U.S.C. § 1451Revocation of naturalization

Official Sources

U.S. Code (Official)

Office of Law Revision Counsel

eCFR Title 8

Electronic Code of Federal Regulations

USCIS Policy Manual

Official agency guidance

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Disclaimer: This page provides general information about U.S. citizenship law. It is not legal advice. For advice about your specific situation, consult a licensed immigration attorney.