Derivative Citizenship
What is Derivative citizenship?
A child born outside the U.S. may become a U.S. citizen by operation of law via the child’s parent or parent’s birth or naturalization.
Requirements of Derivative Citizenship
A child can derive U.S. citizenship if all the following conditions are met:
- One parent is a U.S. citizen by either birth or naturalization;
- The child is under 18 years old;
- The child is a lawful permanent resident (green card holder);
- The child is residing in the U.S. in the legal and physical custody of the U.S. citizen parent.
Who is a "Child" in Derivative Citizenship?
- A child for the purpose of derivative citizenship must be under 18 years old.
- A biological child born out of wedlock who has not been legitimated is eligible of derivative citizenship if the child’s mother becomes a naturalized U.S. citizen.
- A step child is not deemed a "child" for the purpose of derivative citizenship.
- A adopted child is a "child" for the purpose of derivative citizenship.
How to Apply for Derivative Citizenship
A child’s citizenship stated above is derived as a matter of law, not by application. A child can however apply for a Certificate of Citizenship by filing form N-600 with the US Citizenship and Immigration Services (USCIS).
