Children of Naturalized U.S. Citizens (Derivative Citizenship)

In order to be eligible to apply for citizenship, an individual must be at least 18 years. What, then, happens to children under 18 years? Since their age (being under 18) disqualifies them to apply for citizenship, in many cases minor children who are lawful permanent residents automatically become citizens when either one of their parents are naturalized. The law establishing this derivative citizenship are protected in the Child Citizenship Act of 2000 (CCA). CCA laid out three requirements children under 18 years old must meet in order to obtain U.S. citizenship and applies to both biological children and adopted children.

In order for a minor child to derive citizenship, the child must:

• Hold lawful permanent resident status (“green card” holder);
• Have at least one parent who is a U.S. citizen, either by birth or naturalization; and
• Reside in the U.S. in the legal cutody of at least one U.S. citizen parent.

A minor child automatically derives his U.S. citizenship upon meeting the requirements listed above and is eligible to apply for a U.S. passport.  However, based on the feedback that we receive from our clients, we advice them to obtain official documentation of U.S. citizenship to avoid complications down the road. Generally this is done by obtaining a certification of citizenship from the USCIS. 

Derivate citizenship at times can be very complicated and it is best to let a qualifiied immigration attorney handle it.  For further clarifications and/or to get answers on obtaining citizenship for a child or other situations, feel free to contact us.