Obtaining American Citizenship: An Austrian's Journey And Experience

Austrian citizenship can be acquired by descent, award, or extension of an award. In October 2019, the Austrian parliament amended the Austrian Citizenship Act to allow descendants of victims of the National Socialist regime to acquire Austrian citizenship by means of a declaration. This declaration must be accompanied by mandatory supporting documents, including a current passport photograph and a criminal record from the country of residence. For US residents, this document must be issued by the FBI. In this article, we will explore the process of acquiring American citizenship for Austrians, including the requirements and necessary procedures.

Naturalization

Naturalisation is the process of voluntarily becoming a United States citizen. To become a naturalised citizen, you must pass a naturalisation test and obtain a Certificate of Citizenship or Naturalisation.

If you reside outside the United States, you will need to get two passport-style photos taken and submit your Form N-400, as well as pay the associated fees.

To avoid being denied citizenship, you’ll need to convince the USCIS officer evaluating your application that you didn’t intend to abandon your permanent residence in the United States during the time you were abroad (for more than six months but less than one year). To accomplish this, you’ll need to provide evidence that you maintained strong ties to the United States. This evidence could show, for example, that you kept your job in the United States and didn’t seek employment while abroad, or that you have immediate family members who remained in the United States.

Citizenship by descent

Austrian citizenship can be obtained by descent if the person was a victim of the National Socialist regime. According to the Austrian Citizenship Act, descendants of victims of the National Socialist regime can acquire Austrian citizenship by means of a declaration, without having to give up their current citizenship or nationality.

To apply for Austrian citizenship by descent, applicants must submit the following documents: a current passport photograph (not older than six months), complying with the Austrian photograph criteria; a criminal record from the country of residence, not older than eight months (for US residents, this document must be issued by the FBI); and evidence that the ancestor was persecuted, such as a birth certificate for Jewish persons, or evidence that the ancestor fled or was deported from Austria.

Each application is case-by-case dependent, but these are the usual documents that are required. Applicants can contact their local Austrian diplomatic representation (Austrian Embassy or Consulate General) to arrange the further procedure in an individual consultation. The Austrian diplomatic representation can provide information about the procedure and the necessary documents, and applicants can also complete an online questionnaire to receive an initial, individualized orientation about their case.

Austrian citizenship by descent is a way for individuals with Austrian ancestry to acquire Austrian citizenship and enjoy the benefits that come with it, such as the right to live, work, and study in Austria and other EU countries, as well as visa-free access to numerous countries worldwide.

Dual citizenship

Austria is the only Western European country that offers the possibility to obtain citizenship by investment and an EU passport without prior residence requirements. Austrian citizenship can be obtained by making a substantial contribution to the country's economy or for extraordinary achievements in the interest of Austria. Investment options include contributing significantly to Austria’s economy through a joint venture or direct investment that creates jobs or increases exports. Alternatively, individuals may qualify through outstanding achievements in sports, science, philanthropy, or the arts that benefit Austria.

Austrian citizenship can also be obtained by ancestry. The Austrian provincial government requires applicants who wish to apply for citizenship by ancestry to submit the following documents: a current passport photograph (not older than six months), complying with the Austrian photograph criteria; a criminal record from the country of residence, not older than eight months (for US residents, this document must be issued by the FBI); and evidence that the ancestor was persecuted (if available). The birth certificate is usually sufficient evidence for Jewish persons.

In October 2019, the Austrian parliament unanimously adopted an amendment to the Austrian Citizenship Act (“Staatsbürgerschaftsgesetz”) in recognition of its historical responsibility towards the victims of National Socialism and their descendants. Persons who were themselves victims of the National Socialist regime can already acquire Austrian citizenship. If this applies to you, you would need to directly contact your local Austrian diplomatic representation (Austrian Embassy or Consulate General) and arrange the further procedure in an individual consultation. According to the new § 58c para. 1a of the Austrian Citizenship Act, descendants of victims of the National Socialist regime can acquire Austrian citizenship by means of a declaration (“Anzeige”), without having to give up their current citizenship or nationality in return.

Citizenship without a birth certificate

If you are Austrian and want to obtain American citizenship, you can do so by investing in the country or making extraordinary achievements in the interest of Austria. However, if you are an Austrian citizen who was born in the US and does not have a birth certificate, you can contact the vital records office in your birth state to search for a record of your birth. If they cannot find your birth record, they will issue you a Letter of No Record, which you can use as proof of citizenship along with secondary evidence.

If you were born outside the US to a US citizen, you can obtain a Certificate of Citizenship or Naturalization as proof of your citizenship. You may also need to provide early public and private records from the first five years of your life, such as a US Census record. These records should include your full name, date of birth, and place of birth. Foreign language documents must be translated into English by a professional translator, who must provide a notarized letter confirming the accuracy of the translation.

Providing evidence of ties to the US

To become a US citizen, you must go through the naturalisation process. If you reside outside the United States, you will need to submit two passport-style photos with your application.

To avoid being denied citizenship, you will need to convince the USCIS officer evaluating your application that you didn't intend to abandon your permanent residence in the United States. To do this, you will need to provide evidence that you maintained strong ties to the United States. This could include:

• Keeping your job in the United States and not seeking employment while abroad
• Having immediate family members who remained in the United States
• Enrolling your children in a US school

If you stayed abroad for one year or longer, USCIS will automatically assume you abandoned your permanent residence in the United States.

Frequently asked questions