Citizenship Throught Parents: Derivative and Acquired Citizenship
Introduction
Not everyone needs to go through the naturalization process to become a U.S. citizen. Some people are U.S. citizens by operation of law, meaning citizenship passed to them automatically through their parents, either at birth or during childhood. Many people may already be U.S. citizens without realizing it.
Acquired Citizenship: Citizenship at Birth Abroad
Acquired citizenship refers to U.S. citizenship granted at birth to children born outside the United States when one or both parents are U.S. citizens. The specific rules depend on the law in effect at the time of birth and factors such as whether one or both parents were citizens and how long the citizen parent lived in the U.S. before the child’s birth.
Derivative Citizenship: Citizenship During Childhood
Derivative citizenship refers to citizenship that passes to a child through a parent's naturalization while the child is still a minor. Under the Child Citizenship Act of 2000, a child automatically becomes a U.S. citizen when: the child is under 18, is a lawful permanent resident, and at least one parent is a U.S. citizen, with the child residing in the U.S. in that parent’s custody.
Documenting Your Citizenship
If you believe you may have acquired or derivative citizenship, you can document it by applying for a U.S. passport or filing Form N-600 with USCIS. You will need to provide documentation proving the chain of citizenship.
Conclusion
If you were born abroad or naturalized as a child while a parent was a U.S. citizen, you may already be a citizen. An immigration attorney experienced in citizenship law can review your family history and help you determine and document your status.
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