US Citizenship: Apply as Mexican
There is a large Mexican community in the US. Of the 11 million foreign-born Mexican immigrant population, almost 4 million have gained American citizenship.
Get help understanding your route to citizenship and during the application process by contacting Total Law US citizenship lawyers online or at +1 844 312 4979 and learn more about our immigration services.
Obtaining Citizenship in USA
Citizenship in the US is the highest immigration status Mexican immigrants can attain and allows them to enjoy Constitutional rights and protections.
The US has two primary forms of citizenship. Birthright citizenship applies to those born in the US, while citizenship by naturalization applies to people who have lived in the US long enough to apply for citizenship.
Page Contents
- Obtaining Citizenship in USA
- Benefits of US Citizenship
- Responsibilities for US Citizens
- Pathways to US Citizenship
- Eligibility Criteria to Get US Citizenship for Mexicans
- US Citizenship Application Process
- Fees for a US Citizenship Application
- Documents that Prove Your US Citizenship
- Dual Citizenship and Nationality in USA
- Losing your US Citizenship
- How Can Total Law Help?
- Frequently Asked Questions
History of US Citizenship
The Naturalization Act of 1790 restricted naturalized citizenship to “free white persons.” Native Americans, slaves, and all black individuals were restricted.
The courts added to these restrictions in the 1850s, finding that black people could not be US citizens, regardless of whether they were enslaved or free. They also had no rights under the Constitution.
The Civil Rights Act of 1866 stated that everyone born in the US, regardless of race, could be a citizen. The 14th Amendment then protected everyone’s birthright citizenship.
The Naturalization Act of 1870 had a similar effect for citizenship by naturalization, although it continued to exclude immigrants from Asia.
This restriction persisted until the 1950s. Native Americans gained full US citizenship in the 1920s.
The final important rule change, and one of the most significant for Mexican immigrants, was the Immigration and Nationality Act of 1965.
This law ended national-origin quotas, making it easier for individuals of other nationalities to gain citizenship, even if many others from their nation were also seeking citizenship.
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Benefits of US Citizenship
Overview
Becoming a US citizen brings new rights that are not held by immigrants, nonimmigrants, and permanent residents. Some of these rights are similar to those held by permanent residents, with the difference being that they are rarely revoked for citizens:
- Living in the US indefinitely
- Working in any role
- Entering and leaving the US
- Voting in federal elections and the District of Columbia (if you live there)
- Applying for federal employment
- Standing for public office
- Consular protection when outside the US
- Ability to sponsor your Mexican family members to come to the US
- Pass US citizenship to your children born abroad
- Protection from deportation
Your ability as a citizen to stand for public office is partially limited due to your foreign birth. Members of the US House of Representatives must have been citizens for 7 years. This requirement extends to nine years for senators. However, only a “natural born citizen” can run for US president or vice president.
Consular Protections for US Citizens
Receiving assistance from US diplomatic services while you are overseas is an essential benefit that applies to both birthright and naturalized citizens. Consular protection and assistance can take a number of forms.
If you are arrested or detained, the local US consulate could visit and help you find a local lawyer and inform your family. Meanwhile, if you are the victim of a crime, they can provide assistance, including emergency funds to help you to get home and replace stolen passports.
The local US consulate is also there in cases of medical emergencies and death. They can notify your family through a Consular Report of a Death Abroad. They’ll also provide safety information and departure assistance in the event of civil unrest or a natural disaster.
However, there are important limitations on the help that US diplomatic services can provide. They can not pay your hotel, medical, or legal bills or act as your defense attorney to help you get out of jail. While abroad, you will be subject to that country’s laws, so the consulate won’t interfere with these rules.
Responsibilities for US Citizens
In return for these rights, you will have to maintain a range of responsibilities:
- Take part in jury duty if asked
- Be conscripted for military service if asked during wartime
- Follow the US tax obligations for citizenship
- Maintain good character in the country and follow the laws
There are also responsibilities that are not mandatory, but are considered part of being a good citizen. Voting in elections is one example.
Pathways to US Citizenship
The most common ways to become a US citizen are through being born in the US or by living in the country for long enough. In exceptional circumstances, you may also be offered honorary US citizenship.
Birthright Citizenship
You can get US birthright citizenship either by being born within US territory or having at least one parent who was a US citizen at the time of your birth.
The location requirement also applies if you were born on a US-inhabited unincorporated territory of:
- Puerto Rico
- The Marianas (Guam and the Northern Mariana Islands)
- The US Virgin Islands
This does not apply to individuals who were born in American Samoa. This island has repeatedly declined US citizenship to preserve greater independence.
How to Become a US Citizen with a Green Card
Naturalized citizenship is earned through an extended period of continuous residence in the US while holding a green card. You usually cannot take trips longer than six months outside of the US during your qualifying period.
You also need to have resided in the state where you want to file your citizenship application for at least 3 months.
The amount of continuous residence you will need in the US depends on several factors. Holding a green card without any special circumstances requires at least 5 years, with at least 2.5 of those spent living in the US.
To become a US citizen through marriage, applicants who have been married to an American citizen for at least 3 years can apply after 3 years as green card holders. They need to have spent at least 1.5 years of that time as a US resident.
Meanwhile, applicants whose partner died while serving in the military can apply for US citizenship at any time, but they must have a US green card when they apply.
If you are in the military during peacetime, you can apply for citizenship after 12 months. You must apply while your service is ongoing. Meanwhile, you can apply for citizenship at any time if your US military service was during wartime.
Honorary Citizenship in the US
An Act of Congress or a proclamation by the president can grant an individual honorary citizenship. It is bestowed upon people considered to be of exceptional merit or who have provided an exceptional service to the US.
It is exceedingly rare for individuals to receive honorary citizenship. Some notable historical examples include the former British Prime Minister Winston Churchill and the humanitarian Mother Teresa.
It has been granted only eight times, six of which were posthumous. Honorary citizenship is also strictly symbolic. For these reasons, it will be best to seek citizenship by birthright or naturalization.
Eligibility Criteria to Get US Citizenship for Mexicans
Overview
Before you can apply to become a US citizen through any of these pathways, you’ll need to show that you meet certain eligibility criteria:
- Be at least 18 years old when you apply
- Have a basic level of English reading, writing, and speaking, depending on your age
- Prove that you have good moral character
- Know and understand US history and government
- Be prepared to demonstrate your loyalty to the Constitution
- Take the oath of allegiance
- Be willing to serve in the military
Although children cannot apply for citizenship, a parent can file a citizenship application on their behalf.
Documentation for US Citizenship
Mexicans will need to prove they meet US citizenship requirements by providing a range of documents.
This includes the following, although further documentation is often required depending on your circumstances:
- Proof that you are a green card holder
- An application fee receipt
- Proof of your marital status and that any marriage on which your application is based is legal
- Proof of your partner’s US citizenship
- Two passport-style photographs
- Proof that you have achieved any required continuous residency period
US Citizenship Application Process
Overview
To access US citizenship, you’ll need to complete the full application process. The process described below is for those seeking citizenship by naturalization. You can begin from 90 days before you complete your residency requirement:
- File the Form N-400 (Application for Naturalization) and pay the filing fee.
- Book and attend a biometrics appointment with your local US Citizenship and Immigration Services office.
- Attend a citizenship interview and exam.
- Attend a citizenship ceremony, where you will take the oath of allegiance.
To apply online, you’ll need to create an account with US Citizenship and Immigration Services. However, those applying based on their military service, as well as those applying from abroad or using a fee reduction or waiver, must complete a paper application.
You will usually book your biometrics appointment a month after you file the US citizenship application form. Your citizenship interview and exam will usually be around 14 months after you file the form.
US Citizenship Interview and Exam
Your citizenship interview will be held in a USCIS office if you are already in the US, or at your nearest US embassy or consulate if you are applying from abroad.
A USCIS representative will ask you questions about your application to verify that you have provided accurate information.
Once your interview is completed, you’ll have to undergo a two-stage naturalization test. In the English language test, officials will confirm that you have sufficient English skills for life in the US.
You’ll then have to complete a civics test to confirm that you have acquired enough knowledge of US government, customs, and history.
You can head to the USCIS website to access a study guide, which will contain all the information you need to prepare for your test. It is also worth getting help from an immigration lawyer or advisor to prepare for the interview.
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You’ll receive a letter explaining the reasoning if you fail the interview or exam. You may be able to appeal within 30 days.
US Citizenship Ceremonies
You will usually receive a letter with the location, date, and time for your citizenship ceremony after you receive confirmation that your application has been successful.
All naturalized citizens must take the oath of allegiance at a citizenship ceremony. During the oath, you will promise to:
- Renounce ties to prior states
- Defend the Constitution
- Serve the country in the military or through national service if required
- Pledge loyalty to the US
The other key stage of the citizenship ceremony is returning your green card. In return, you will get a Certificate of Naturalization, confirming that you have become a fully fledged US citizen.
Fees for a US Citizenship Application
The N-400 fee for filing citizenship application online is $710 and $760 for paper filing.
If you are eligible for a fee reduction, you’ll pay $380.
The fee waiver, if you meet the military service requirements of the Immigration and Nationality Act, reduces the N-400 filing fee to $0.
You should use paper filing if you are eligible for the fee reduction or waiver.
Documents that Prove Your US Citizenship
The two documents that prove you are a US citizen are a certificate of naturalization and a US passport.
You’ll get your certificate of naturalization at your citizenship ceremony. If you lose your certificate of naturalization, you can get a replacement by filing Form N-565 (Application for Replacement Naturalization/Citizenship Document) online and paying the fee. You can use your US passport as evidence during the replacement process.
You can get a passport once you have your Certificate of Naturalization. This serves as both official confirmation of your citizenship status and allows you to freely enter and return to the US.
When making your application, you’ll need to provide both your original certificate of naturalization and a photocopy. A parent will need to make a passport application on behalf of their child who has become a US citizen.
Dual Citizenship and Nationality in USA
The US permits dual citizenship, so you won’t have to give up your rights as a Mexican citizen.
You can also become a citizen of another nation while retaining your US citizenship, as long as that country allows dual citizenship.
This means you may hold passports from both countries and enjoy the rights and responsibilities associated with each nationality.
However, you should still comply with the legal and tax requirements of both countries, as these can vary depending on your circumstances.
Losing your US Citizenship
You can lose your US citizenship through renunciation (voluntary) and revocation (involuntary). You may also receive a notice to renounce or lose your citizenship. Unless you have become a citizen of another nation or retained your Mexican citizenship, you will be at risk of becoming stateless.
These processes are irreversible and will strip all of your rights as a US citizen. For example, you may need a visa to re-enter the country.
Your US citizenship can be renounced through a formal procedure at any US embassy. It cannot be carried out while you are inside the US or by mail. You’ll need to attend at least two interviews with a US consular officer and sign oaths in their presence. The fee to process your Certificate of Loss of Nationality will be $450.
While citizenship renunciation is entirely your choice, revocation will be forced upon you in certain circumstances, often as punishment for wrongdoing. There are multiple revocation circumstances, such as:
- Applied for citizenship in a foreign country with the clear intention of giving up your US citizenship
- Committed an act of treason against the US
- Obtained naturalization illegally
- Committed certain serious crimes, such as terrorism, war crimes, and sex offenses
- Ran for office in a foreign country
- Entered military service in a foreign country
Running for a foreign office or conducting military service will only cause a loss of your citizenship in certain circumstances. You could lose your citizenship once you have been elected and begun carrying out your duties as an elected official abroad.
Meanwhile, military service will result in the loss of your citizenship if it is for a nation engaged in hostilities with the US, or if you are serving as an officer. Compulsory foreign military service will generally not impact your citizenship status.
How Can Total Law Help?
Becoming a US citizen will often have a positive impact on your life in the US. However, achieving this status through naturalization will require you to complete a lengthy, challenging application process.
Total Law provides complete support throughout your citizenship application. Our US citizenship lawyer team begins by helping you confirm that you are eligible. We will then guide you through the application process, including completing application forms, preparing and validating your supporting documentation, and getting ready for your interview and civics test.
To get started with Total Law, call us at +1 844 312 4979. You can also visit us online to learn more about our US immigration services.
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Frequently Asked Questions
The primary accommodation for people with a mental or physical impairment is that they may not have to pass the English or civics test. If this circumstance applies to you, you’ll need to file Form N-648 (Medical Certification for Disability Exceptions). A medical doctor will complete this form on your behalf.
All US citizens are nationals, but not all nationals are citizens. That is because it is possible to have ties to the US without having full citizenship. The main example is someone born in American Samoa who has not acquired citizenship by naturalization. These US nationals can live and work in the US, but can’t access full citizen rights, such as the ability to run for public office.
Most people with Mexican citizenship won’t have to worry about the issues associated with being a non-citizen national, given the extremely limited circumstances in which this applies.
Minors under 18 will not be allowed to apply for citizenship because Form N-400 can only be completed by adults.
This restriction still applies in exceptional circumstances, such as if a child in the US loses their parents and has no grandparent or legal guardian. The child can apply independently for Special Immigrant Juvenile Status (SIJS) to acquire a green card and remain in the country. However, they’ll still have to wait until they are 18 to become citizens.
It is common for a child to obtain US citizenship based on their parent’s status, so parental consent, rather than a full naturalization application, is required.
US dual citizenship does not alter your fundamental tax responsibilities. The US bases its tax system on citizenship rather than residency, so you’ll need to report any international income in your annual tax return.
Mexico’s tax system is based on residence rather than citizenship, so you should be able to avoid being double-taxed if you live and work in the US while holding both American and Mexican citizenship.
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