Citizenship in Guam

1. What are the ways to acquire citizenship in Guam?

1. Citizenship in Guam can be acquired through various ways, including:

a. Birth: Individuals born in Guam are automatically granted U.S. citizenship at birth if certain conditions are met, such as being born on or after January 13, 1941, and having at least one parent who is a U.S citizen.

b. Naturalization: Foreign nationals, including residents of Guam, can apply for U.S. citizenship through the naturalization process. This typically involves meeting certain residency requirements, demonstrating good moral character, passing English and civics tests, and taking the Oath of Allegiance.

c. Derivation: Certain individuals who are not born in Guam or the U.S. may acquire citizenship through derivation, such as children under the age of 18 who are lawful permanent residents and whose parent(s) become naturalized U.S. citizens.

d. Through a Parent: Children born outside of Guam or the U.S. to U.S. citizen parents may also acquire citizenship through their parents’ citizenship status, provided certain conditions are met.

e. Other Special Circumstances: There are additional provisions under U.S. immigration law that may grant citizenship to individuals in specific circumstances, such as through adoption by U.S. citizen parents or military service.

It is important to consult with a qualified immigration attorney or official government sources to understand the specific requirements and processes for acquiring citizenship in Guam.

2. Are there any specific requirements for naturalization in Guam?

Yes, there are specific requirements for naturalization in Guam. To become a naturalized citizen of Guam, individuals must meet the following criteria:

1. Residency: Applicants must have been lawfully admitted to Guam for permanent residence and have resided continuously in Guam for at least five years prior to the date of application.

2. Good Moral Character: Applicants must demonstrate good moral character throughout the required residency period. This includes not having a criminal record, being financially responsible, and having a generally positive reputation in the community.

3. Knowledge of English and Civics: Applicants must be able to read, write, speak, and understand basic English and have a basic understanding of U.S. history and government.

4. Oath of Allegiance: Finally, applicants must take an Oath of Allegiance to the United States, renouncing any previous allegiances to other countries.

Meeting these requirements is essential for individuals seeking naturalization in Guam.

3. Can someone born in Guam automatically become a U.S. citizen?

A person born in Guam is not automatically granted U.S. citizenship by virtue of being born on the island. However, there are certain ways through which someone born in Guam can acquire U.S. citizenship:

1. If at least one of the parents of a person born in Guam is a U.S. citizen, either by birth or through naturalization, the individual may acquire U.S. citizenship at birth through the principle of jus sanguinis (right of blood).

2. If a person born in Guam meets certain residency requirements and other criteria, they may be eligible to apply for U.S. citizenship through the naturalization process. This typically involves residing in the U.S. for a specified period of time, demonstrating good moral character, and passing a citizenship test.

3. Additionally, certain provisions of the Immigration and Nationality Act may provide paths to U.S. citizenship for individuals born in Guam under specific circumstances, such as those related to military service or special immigrant categories.

In conclusion, while being born in Guam does not automatically confer U.S. citizenship, there are avenues through which individuals born in Guam can potentially acquire U.S. citizenship.

4. How does citizenship in Guam differ from citizenship in the mainland United States?

Citizenship in Guam differs from citizenship in the mainland United States in several key ways:

1. Birthright Citizenship: In the mainland United States, anyone born on American soil is automatically granted U.S. citizenship through the principle of jus soli. However, in Guam, birthright citizenship is not guaranteed. Children born in Guam to non-U.S. citizen parents do not automatically receive U.S. citizenship unless certain criteria are met.

2. Political Rights: While residents of Guam are U.S. citizens, they do not have the same political rights as those living in the mainland. Residents of Guam are not able to vote in U.S. presidential elections and do not have voting representation in the U.S. Congress. They do have a non-voting delegate in Congress.

3. Military Service: Despite being U.S. citizens, residents of Guam are underrepresented in the U.S. military. There are various theories as to why this is the case, including lower recruitment rates and the unique cultural and geographic challenges faced by those living on the island.

4. Immigration: Immigration policies in Guam are influenced by its territorial status, leading to some distinctions from the mainland United States. For example, certain visa categories and immigration procedures may differ for individuals looking to move to Guam compared to the mainland. Additionally, the Compact of Free Association between the U.S. and certain Pacific Island nations affects immigration and labor dynamics in Guam in ways not applicable in the continental U.S.

5. Is dual citizenship allowed in Guam?

Yes, dual citizenship is allowed in Guam, as it follows the laws and regulations of the United States regarding citizenship. This means that individuals in Guam can hold citizenship in both Guam and another country simultaneously. However, it is important to note that while dual citizenship is allowed, individuals with dual citizenship should be aware of the potential implications it may have on their rights and obligations in both countries. Certain countries may have restrictions or limitations on dual citizenship, so it is recommended to seek legal advice or consult with relevant authorities before pursuing dual citizenship in Guam and another country.

6. What rights and privileges do Guamanian citizens have?

Guamanian citizens have the following rights and privileges:

1. U.S. citizenship: Guamanian citizens are also U.S. citizens, which grants them the same rights and privileges as any other U.S. citizen.
2. Right to vote: Guamanian citizens have the right to vote in local elections for their government officials and representatives.
3. Access to U.S. federal programs: Guamanian citizens can access various federal programs and benefits available to U.S. citizens, such as Social Security and Medicare.
4. Right to work and live in the U.S.: As U.S. citizens, Guamanians have the right to work and live in any part of the United States without needing a visa or work permit.
5. Right to travel freely: Guamanian citizens can travel freely within the United States and its territories without any restrictions.
6. Protection under U.S. laws: Guamanian citizens are entitled to the protection of U.S. laws and the U.S. Constitution, ensuring their rights and liberties are upheld.

7. Can non-U.S. citizens become residents of Guam?

Yes, non-U.S. citizens can become legal residents of Guam through various means:

1. Employment-Based Immigration: Non-U.S. citizens may apply for employment-based visas to work in Guam. This usually requires sponsorship from a Guam employer.

2. Investment-Based Immigration: Non-U.S. citizens who invest a certain amount of money in Guam may be eligible for residency through investor visas or other similar programs.

3. Family-Based Immigration: Non-U.S. citizens who have family members who are U.S. citizens or legal residents in Guam may be able to apply for family-based visas to join them.

4. Asylum or Refugee Status: Non-U.S. citizens who are granted asylum or refugee status in Guam may also become legal residents.

5. Special Programs: There may be special programs or initiatives in Guam that allow non-U.S. citizens to obtain residency through specific criteria or agreements.

Overall, while non-U.S. citizens can become residents of Guam, the specific avenues and requirements for doing so may vary depending on the individual’s circumstances and the current immigration policies in place.

8. Are there any benefits for Guamanian citizens serving in the U.S. military?

Yes, there are several benefits available for Guamanian citizens serving in the U.S. military:

1. Education Benefits: Guamanian citizens serving in the U.S. military are eligible for the various education benefits offered to military personnel, such as the GI Bill, which provides financial support for education and housing costs.

2. Health Benefits: Military service members receive comprehensive health care coverage through TRICARE, which includes medical, dental, and vision benefits. This ensures that Guamanian citizens serving in the military have access to quality healthcare services.

3. Housing Benefits: Military personnel have access to housing allowances and subsidies, which can help offset the cost of housing, especially for those stationed in high-cost areas.

4. Retirement Benefits: Guamanian citizens serving in the U.S. military are eligible for retirement benefits, including a pension after completing a certain number of years of service.

Overall, serving in the U.S. military as a Guamanian citizen comes with a range of benefits that provide financial security, access to quality healthcare, and support for educational pursuits.

9. Can someone with a criminal record become a citizen of Guam?

Yes, individuals with a criminal record may still be able to become citizens of Guam. The ability to obtain citizenship in Guam with a criminal record is typically determined on a case-by-case basis. Factors that may be taken into consideration include the severity of the offenses, the time that has passed since the conviction(s), the individual’s behavior post-conviction, and any rehabilitation efforts undertaken. It is important to note that certain serious criminal convictions may make it more challenging for an individual to obtain citizenship in Guam. Additionally, the individual may need to disclose their criminal record during the naturalization process and provide relevant documentation. Ultimately, the decision on whether a person with a criminal record can become a citizen of Guam rests with the local authorities responsible for processing citizenship applications.

10. What are the steps to renounce citizenship in Guam?

To renounce citizenship in Guam, an individual must follow these steps:

1. Prepare a signed and notarized Renunciation of U.S. Citizenship form and submit it to the U.S. Department of State.
2. Pay the renunciation fee, which is currently $2,350, and attend a meeting at the U.S. embassy or consulate to complete the renunciation process.
3. Upon approval of the renunciation, the individual will receive a Certificate of Loss of Nationality from the U.S. Department of State.
4. The individual will also need to inform the government of Guam of their renunciation, as well as any relevant agencies or institutions where their citizenship status may be recorded.
5. It is recommended to seek legal advice before renouncing citizenship to fully understand the consequences and implications of such a decision.

11. Are there any special considerations for children of U.S. citizens born in Guam?

Yes, there are special considerations for children of U.S. citizens born in Guam. Here are some key points to consider:

1. Automatic U.S. Citizenship: Children born in Guam to at least one U.S. citizen parent are typically considered U.S. citizens at birth, just like those born in the 50 states.

2. Passport Eligibility: Children born in Guam to U.S. citizen parents are eligible to apply for a U.S. passport and can enjoy the rights and privileges of U.S. citizenship.

3. Documentation: It’s important for parents to ensure that proper documentation, such as birth certificates and proof of U.S. citizenship, is obtained for their children born in Guam to establish their citizenship status.

4. Dual Citizenship: Children born in Guam to non-U.S. citizens may also acquire U.S. citizenship if one or both parents naturalize as U.S. citizens before the child turns 18, potentially allowing the child to hold dual citizenship.

5. Consular Report of Birth Abroad: Parents of children born in Guam to U.S. citizen parents can apply for a Consular Report of Birth Abroad (CRBA) through the U.S. Embassy or consulate in Guam to document their child’s U.S. citizenship.

Overall, children of U.S. citizens born in Guam enjoy the same rights and privileges of U.S. citizenship as those born in the continental United States, with some additional considerations due to the unique status of Guam as an unincorporated territory of the United States.

12. How does one prove citizenship in Guam?

In Guam, proving citizenship typically involves providing documentation that establishes one’s status as a U.S. citizen. Here are the primary ways to prove citizenship in Guam:

1. Birth Certificate: A birth certificate issued by a U.S. state or territory, including Guam itself, serves as proof of citizenship.

2. U.S. Passport: A valid U.S. passport is a widely-accepted document that confirms citizenship. A passport card can also be used for this purpose.

3. Certificate of Naturalization: If someone became a U.S. citizen through the naturalization process, they can provide their Certificate of Naturalization as proof of citizenship.

4. Consular Report of Birth Abroad (CRBA): Individuals born to U.S. citizen parents outside the United States may have a Consular Report of Birth Abroad issued by a U.S. embassy or consulate as proof of citizenship.

5. U.S. Citizenship and Immigration Services (USCIS) Documents: Other USCIS-issued documents, such as a Certificate of Citizenship or a U.S. Citizenship ID Card, can also be used to prove citizenship in Guam.

It’s important to carry original or certified copies of these documents when needed to prove citizenship, as photocopies or unofficial versions may not be accepted in certain situations.

13. What is the process for acquiring citizenship through marriage in Guam?

In Guam, acquiring citizenship through marriage follows a specific process:

1. Eligibility: The foreign spouse of a Guamanian citizen may be eligible to apply for citizenship through marriage. The Guamanian spouse must be a citizen of Guam for the foreign spouse to be considered for citizenship.

2. Application: The foreign spouse will need to submit an application for citizenship through marriage to the Guam Department of Public Health and Social Services. The application will require documentation such as marriage certificates, passports, and other relevant personal information.

3. Review Process: The Department of Public Health and Social Services will review the application and verify the information provided. They may conduct interviews or request additional documentation to confirm the validity of the marriage and the eligibility for citizenship.

4. Approval: If the application is approved, the foreign spouse will be granted citizenship in Guam. They may be required to take an oath of allegiance to formalize their citizenship status.

5. Rights and Responsibilities: Upon acquiring citizenship through marriage, the individual will be entitled to the rights and privileges of Guamanian citizenship, including the right to vote and work in Guam. They will also be subject to the responsibilities of citizens, such as paying taxes and obeying the laws of Guam.

Overall, the process for acquiring citizenship through marriage in Guam involves submitting an application, undergoing a review process, and, if approved, taking an oath of allegiance to become a citizen with all associated rights and responsibilities.

14. Are there any restrictions on holding public office for non-citizens in Guam?

Non-citizens are generally not allowed to hold public office in Guam. This restriction is in place to ensure that individuals who are elected or appointed to positions of power within the government are fully committed to upholding the interests of the territory and its residents. However, there are certain exceptions to this rule:

1. Non-citizens may hold certain advisory positions or serve on boards and commissions that do not involve decision-making authority.
2. Non-citizens who are classified as U.S. nationals may be eligible to run for some local offices in Guam.
3. Some non-citizens who have been granted permanent residency status may also be eligible to hold certain local offices, depending on the specific requirements of the position.

Overall, the restrictions on holding public office for non-citizens in Guam are put in place to protect the integrity of the government and ensure that those in positions of authority are fully dedicated to serving the interests of the community.

15. How does one go about applying for citizenship in Guam?

To apply for citizenship in Guam, individuals must meet certain requirements and follow specific steps outlined by the local laws and regulations. Here is a comprehensive guide on the process:

1. Residency: Residency in Guam is a crucial factor when applying for citizenship. Generally, individuals must have lived in Guam for a certain period, typically five years, with continuous residence immediately preceding the application.

2. Eligibility: To be eligible for citizenship in Guam, applicants must meet certain criteria such as being at least 18 years old, being able to speak, read, and write in English, and demonstrating good moral character.

3. Application Form: Applicants need to fill out the appropriate application form for citizenship provided by the Guam Department of Revenue and Taxation, which is the governing body responsible for processing citizenship applications.

4. Supporting Documents: Along with the application form, applicants must provide various supporting documents including proof of identity, birth certificate, proof of residency, and any other relevant documents as requested.

5. Background Check: Applicants may be required to undergo a background check to ensure they meet the necessary eligibility criteria and do not have any criminal record that may disqualify them from obtaining citizenship.

6. Interview: In some cases, applicants may need to attend an interview with immigration officials to further assess their eligibility for citizenship.

7. Oath of Allegiance: Once the application is approved, applicants are typically required to take an oath of allegiance to Guam, affirming their commitment to the territory and its laws.

8. Naturalization Certificate: Upon successful completion of the process, applicants will receive a naturalization certificate, officially granting them citizenship in Guam.

It is important to note that the process and requirements for acquiring citizenship in Guam may vary and it is advisable to consult with a legal expert or immigration attorney for personalized guidance and assistance throughout the application process.

16. Can Guamanian citizenship be passed down through generations?

Yes, Guamanian citizenship can be passed down through generations under certain circumstances. Here is how it typically works:

1. Birth: A person born in Guam to at least one parent who is a U.S. citizen automatically acquires U.S. citizenship at birth. This means that a child born in Guam to a U.S. citizen parent(s) would also be considered a Guamanian citizen.

2. Naturalization: Non-U.S. citizens who reside in Guam for a certain number of years and meet specific criteria can apply for and obtain Guamanian citizenship through the naturalization process. Once naturalized, these individuals can then pass down their citizenship to their children automatically.

3. Legal Status: It is important to note that individuals must have legal status in Guam in order to pass down their citizenship to their children. This means that undocumented immigrants or individuals with temporary status may not be able to confer Guamanian citizenship to their offspring.

In conclusion, Guamanian citizenship can indeed be passed down through generations, primarily through birthright citizenship and the naturalization process, as long as the necessary criteria are met and legal status is maintained.

17. Are there any differences in citizenship laws for indigenous Chamorro people in Guam?

Yes, there are differences in citizenship laws for indigenous Chamorro people in Guam compared to non-Chamorro residents. Here are some key points to consider:

1. Blood Quantum Requirement: Chamorro individuals are eligible for a separate category of citizenship known as “Native Inhabitants of Guam” if they can prove descent from the original inhabitants of the island. This is determined by a blood quantum requirement, which varies but is typically set at 25% or higher Chamorro ancestry.

2. Land Ownership: Chamorro individuals may have preferential treatment in terms of land ownership and leasing rights. Laws such as the Chamorro Land Trust Act aim to protect and preserve land for the Chamorro people, granting them access to certain lands for residential, agricultural, and commercial purposes.

3. Cultural Recognition: The indigenous Chamorro culture is officially recognized and protected in Guam, with specific programs and initiatives aimed at preserving and promoting Chamorro language, traditions, and heritage. Chamorro individuals may have access to cultural resources and support that are not available to non-Chamorro residents.

4. Political Representation: Chamorro people have historically held significant influence in the political landscape of Guam, with many key positions in government and leadership reserved for individuals of Chamorro descent. This representation ensures that the perspectives and interests of the Chamorro community are taken into account in decision-making processes.

Overall, the citizenship laws in Guam acknowledge and provide specific rights and privileges to indigenous Chamorro people, reflecting the island’s commitment to preserving their unique identity and heritage.

18. What is the role of the Government of Guam in matters of citizenship?

The Government of Guam plays a crucial role in matters of citizenship within its jurisdiction. Here are some key points outlining its responsibilities:

1. Determining Eligibility: The Government of Guam is responsible for determining who is eligible for Guamanian citizenship. This includes setting out the criteria and requirements for acquiring citizenship through birth, descent, or naturalization.

2. Processing Applications: The government processes applications for citizenship, whether it be through birthright, descent, or naturalization. It reviews the necessary documentation, conducts background checks, and issues citizenship certificates to qualified individuals.

3. Citizenship Education: The Government of Guam also plays a role in educating its residents about citizenship rights and responsibilities. This includes providing information on the benefits of citizenship, the duties of citizens, and the process of naturalization.

4. Upholding Citizenship Laws: The government enforces citizenship laws and regulations to ensure that only eligible individuals obtain citizenship. It also investigates cases of fraud or misuse of citizenship status and takes appropriate legal action when necessary.

Overall, the Government of Guam plays a vital role in managing citizenship matters within its territory, ensuring that only eligible individuals become citizens and upholding the rights and obligations that come with Guamanian citizenship.

19. Are there any specific residency requirements for acquiring citizenship in Guam?

Yes, there are specific residency requirements for acquiring citizenship in Guam. To be eligible for citizenship in Guam, a person must fulfill the following requirements:

1. Continuous Residence: The applicant must establish a continuous residence in Guam for a certain period of time. This period may vary depending on the specific category of citizenship being sought.

2. Intent to Reside: The applicant must also demonstrate a genuine intention to reside in Guam and become a part of the local community.

3. Good Moral Character: Applicants must have good moral character and not have any criminal record that could disqualify them from obtaining citizenship.

4. Financial Stability: It is important for applicants to show that they are financially stable and able to support themselves in Guam.

Overall, the residency requirements for acquiring citizenship in Guam aim to ensure that individuals seeking citizenship have a genuine connection to the territory and are committed to becoming active members of the local community.

20. How does holding U.S. citizenship affect citizenship status in Guam?

Holding U.S. citizenship has a direct impact on citizenship status in Guam due to the territory being an unincorporated organized territory of the United States. Here are some key points to consider regarding the relationship between U.S. citizenship and citizenship status in Guam:

1. U.S. citizens are automatically granted U.S. nationals status in Guam. This means that while residents of Guam are U.S. nationals, they are not considered to be U.S. citizens unless they specifically go through the naturalization process.

2. U.S. citizens can freely reside and work in Guam without the need for additional visas or permissions, as Guam is under the jurisdiction of the United States.

3. U.S. citizens in Guam are entitled to certain rights and protections under U.S. law, including the right to vote in federal elections if they establish residency in one of the 50 states or the District of Columbia.

In summary, holding U.S. citizenship automatically confers U.S. national status in Guam, with certain rights and privileges attached. However, individuals in Guam must still go through the naturalization process to become full citizens if they wish to vote in local elections and have full citizenship rights in the territory.