How You Can Legally Derive Citizenship Through Parents
Foreign nationals who are interested in pursuing U.S. citizenship should check to see whether they may have it already through acquisition or derivation. While acquisition involves being born to a U.S. citizen, derivation involves being a child of a foreign national who became a U.S. citizen before the child turned 18. Derivation became easier to achieve after February 26, 2001, when the Child Citizenship Act went into effect. If you were 18 or younger on or after February 27, 2001, this federal law will apply to your situation.
If you meet the requirements for derivation, you are automatically a U.S. citizen, even if you do not have legal documentation of your status. However, you should seek proof of your status from the government by applying for a Certificate of Citizenship. This will allow you to get a U.S. passport and receive other benefits of citizenship.
Rules for Derivation Under the Child Citizenship Act
You will be eligible to derive citizenship from a U.S. citizen parent if you can meet a series of requirements under the Child Citizenship Act. You must be unmarried and under 18, and you must have at least one parent who is a U.S. citizen. Also, you must have a green card, which means that you are a legal permanent resident of the U.S., and you must be currently living in the U.S. in the legal and physical custody of your U.S. citizen parent.
- 1 The child is unmarried and under 18 years old
- 2 The child has at least one U.S. citizen parent
- 3 The child has a green card
- 4 The child is currently living in the U.S. in the legal and physical custody of a U.S. citizen parent
- 5 If the U.S. citizen parent is the child’s father and was not married to the child’s mother at birth, the child must have been legitimated before they turned 16
You do not need to satisfy all of these requirements immediately. You might meet all of them except for the green card requirement, for example. In that case, you could get citizenship through derivation if you successfully complete a green card application and join your parent in the U.S. Or you might meet all of the requirements except having a U.S. citizen parent. If your parent currently has a green card, and then they become a U.S. citizen before you turn 18, you will automatically become a citizen through derivation on that date. If an individual no longer meets the requirements, such as when they are over 18 and living outside the U.S., they may already have received citizenship through derivation if they previously met all of the requirements at the same time. You cannot lose citizenship through derivation unless you voluntarily renounce it, so you still would be a U.S. citizen.
The rules above apply to biological children of U.S. citizen parents. There are different rules regarding derivation and acquisition for adopted children. Additional requirements apply to children who are illegitimate if their only U.S. citizen parent is their father.
Legitimation and Derivation
If you were born to unmarried parents, and only your father became a U.S. citizen, your father would need to have legitimated you before you turned 16. The rules for legitimating a child vary in different countries. The most common way to legitimate a child is to sign the child’s birth certificate, but a father also can sign a statement of paternity or register in the birth records of their country as the child’s father. Other ways include marrying the mother of the child within a certain period after the birth, paying support for the care of the child, establishing paternity through DNA testing, or representing to others that he is the father of the child. This might involve taking the child into his home or fulfilling the role of a father in the child’s activities.
Immigration Law Center Contents
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Immigration Law Center
- Green Cards and Lawful Permanent Residence in the U.S.
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Becoming a U.S. Citizen Under Naturalization Law
- Civics and English Language Tests Under Naturalization Law
- Risks of Applying for Citizenship
- Cancellation of Green Card After Citizenship Denial
- Cost of Applying for Citizenship
- Residency Requirement When Applying for Citizenship
- The Fingerprinting Requirement for Citizenship Applications Under Naturalization Law
- Who Is Legally Eligible for Expedited Review of a U.S. Citizenship Application?
- Applying for U.S. Citizenship as a Former Asylee or Refugee & Related Legal Concerns
- Fee Waivers When Applying for Citizenship & Potential Impact on Legal Eligibility
- The Naturalization Interview & Establishing Legal Eligibility for Citizenship
- Second Chance Naturalization Interviews & Proving Legal Eligibility for U.S. Citizenship
- Requesting a Hearing After Denial of U.S. Citizenship Under Naturalization Law
- Moving After Applying for Citizenship
- The Naturalization Ceremony & Legally Swearing Allegiance to the U.S.
- Muslim Applicants for Citizenship & Their Legal Options When Placed on the CARRP List
- Name Corrections & Legal Name Changes in the Naturalization Process
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Birthright Citizenship and Legal Acquisition or Derivation of Citizenship Through Parents
- How People Born Before 1986 Can Legally Acquire Citizenship Through Parents
- How People Born After 1986 Can Legally Acquire Citizenship Through Parents
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How You Can Legally Derive Citizenship Through Parents
- Adopted Children Legally Qualifying for Citizenship Through Acquisition or Derivation
- Obtaining Legal Proof of U.S. Citizenship for Foreign-Born Adopted Children of Citizens
- When Military Service Members and Veterans May Have Legal Shortcuts to Citizenship
- Children of Refugees Legally Qualifying for Citizenship Through Derivation
- How Conditional Resident Status Can Legally Affect Applying for Citizenship
- When Foreign Nationals Affected by Domestic Violence May Have Legal Shortcuts to Citizenship
- Crimes That May Legally Prevent You From Receiving U.S. Citizenship
- Public Benefits & Legal Eligibility for U.S. Citizenship
- When Political Affiliations Can Legally Disqualify You From U.S. Citizenship
- Does an Extramarital Affair Legally Disqualify You From U.S. Citizenship?
- Impact of Bigamy or Polygamy on Legal Eligibility for U.S. Citizenship
- Does Failure to Register With the Selective Service Legally Disqualify You From U.S. Citizenship?
- When Absences From the U.S. Can Affect Legal Eligibility for Citizenship
- How Getting U.S. Citizenship Provides Legal Advantages
- Obtaining Legal Proof of U.S. Citizenship
- Voting Rights & Legally Registering to Vote After Receiving Citizenship
- Can U.S. Citizens Legally Hold Dual Citizenship?
- How Can U.S. Citizenship Be Legally Removed?
- Immigrant Visas Leading to Lawful Permanent Residence in the U.S.
- Non-Immigrant Visas Providing a Legal Basis for Temporary Residence in the U.S.
- Work Visas Allowing Foreign Nationals to Legally Enter the U.S.
- Family Immigration Options Under the Law
- Investor Visas Providing Legal Status in the U.S.
- Visitor Visas Allowing Foreign Nationals to Legally Enter the U.S.
- Student Visas Allowing Foreign Nationals to Legally Enter the U.S.
- Denials of Visas or Green Cards & Your Legal Options
- Consular Interviews When Seeking a Visa or Green Card
- VAWA Petitions for Foreign Nationals Affected by Domestic Violence & Seeking Legal Status in the U.S.
- How Children of Foreign Nationals Affected by Domestic Violence Can Legally Obtain Immigration Status
- Work Authorization for Foreign Nationals Without Green Cards
- How Foreign Nationals Unable to Return Home Safely May Legally Qualify for Temporary Protected Status
- Asylum for Foreign National Refugees
- Humanitarian Parole for Foreign Nationals With Compelling Needs
- Advance Parole for Foreign Nationals Living in the U.S. Without Green Cards
- Deferred Action for Childhood Arrivals (DACA) and Temporary Legal Protections From Deportation
- Visa Waiver Program for Brief Visits to the U.S. Without Formal Legal Status
- Grounds for Finding a Foreign National Legally Inadmissible to the U.S.
- How the Deportation Legal Process Works
- Appeals of Immigration Decisions Through the Legal Process
- LGBTQ+ Individuals Facing Immigration Legal Issues
- Inspections of Foreign Nationals Seeking to Legally Enter the U.S.
- Unlawful Presence in the U.S. & Legal Penalties
- Tax Law Issues for Visa or Green Card Holders
- Waivers of Legal Inadmissibility to the U.S.
- How a Criminal Record Legally Affects Immigration Status
- How Social Media Use Can Affect Legal Admissibility to the U.S.
- Immigration Law FAQs
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