What is the Difference Between a United States Citizen and an American Citizen?

Question from Dave, What is the Difference Between a United States Citizen and an American Citizen?

Answer from AI:

In the context of the 1989 trial U.S. v. Austin Gary Cooper, Case # 89-109-Hoevler, the terms “United States Citizen” and “American Citizen” can sometimes be used interchangeably in everyday language. However, there are important distinctions to understand from a legal perspective.

United States Citizen

A United States Citizen is someone who has citizenship under the laws of the United States. This can be acquired in several ways:

1. Birthright Citizenship: Anyone born on U.S. soil, including the 50 states, the District of Columbia, and U.S. territories like Puerto Rico, Guam, and the U.S. Virgin Islands, is automatically a U.S. citizen under the 14th Amendment of the U.S. Constitution.
2. Naturalization: A process by which a non-citizen can become a U.S. citizen. This involves meeting certain residency requirements, passing a citizenship test, and taking an oath of allegiance.
3. Citizenship through Parents: Children born abroad to U.S. citizen parents may also acquire U.S. citizenship, depending on specific legal requirements.

American Citizen

The term “American Citizen” is less precise and can refer to anyone who is a citizen of any country in the Americas, including North, Central, and South America. However, in the context of U.S. law, it is often used synonymously with “United States Citizen.”

Legal Distinctions

In legal contexts, especially in U.S. courts, the term “United States Citizen” is preferred because it is specific and defined by U.S. law. The term “American Citizen” is more ambiguous and can lead to confusion.

Relevant Laws and Case Law

1. 14th Amendment: This amendment to the U.S. Constitution provides the primary legal basis for birthright citizenship in the United States.
2. Immigration and Nationality Act (INA): This act outlines the laws and procedures for naturalization and other forms of acquiring U.S. citizenship.
3. Case Law: Various court cases have interpreted and applied these laws, such as United States v. Wong Kim Ark, which affirmed birthright citizenship under the 14th Amendment.

When to Seek Legal Advice

If you have specific questions about citizenship status or are involved in legal proceedings where citizenship is an issue, it is crucial to consult with a legal professional. An attorney can provide personalized advice based on your unique circumstances.

Self-Help Resources

For those looking to understand more about U.S. citizenship, the following resources can be helpful:

• U.S. Citizenship and Immigration Services (USCIS) – Official information on citizenship and naturalization.
• USA.gov – General information on becoming a U.S. citizen.

Understanding the distinctions between these terms can help clarify your legal status and rights. Always consider consulting with a legal professional for advice tailored to your specific situation.