Automatic Acquisition of Citizenship after Birth

Citizenship Series Part 2

As discussed by Part 1, there are 4 specific conditions that must be met on or after February 27, 2001:

1. One or both of your parents is a U.S. citizen.
2. Your parent(s) was a U.S. citizen before your 18^th birthday.
3. You are a Lawful Permanent Resident (Green Card Holder)
4. You lived in the U.S. with that U.S. citizen parent before your 18^th birthday.

In this part of the Citizenship Series, we will discuss the specifics of these requirements and whether they may be applicable to you.

1. One or both of your parents is a U.S. citizen. This applies to you if your parents are either born citizens or naturalized. How your parent(s) became a citizen does not matter in this situation. This also applies to adoptive parents.
2. Your parent(s) was a U.S. citizen before your 18^th birthday. This condition is particularly important because all criteria in this list must be met prior to your 18^th birthday. Once you are no longer a minor dependent of your parents, you are no longer eligible to acquire citizenship through them.
3. You are a Lawful Permanent Resident. You must have been lawfully admitted for permanent residence as a child and continue to maintain that status through the present.
4. You lived in the U.S. with that U.S. citizen parent before your 18^th birthday. You must be able to show evidence that you were in the legal and physical custody of the citizen parent before your 18^th birthday. This may include tax returns claiming you as a dependent, custody agreements in the event of divorce, or other records such as school enrollment that show you share an address with the U.S. citizen parent. This establishes that you were in fact a dependent of that parent.

In the event all these conditions were met before your 18^th birthday, you would legally become a citizen as soon as they are met. If you wish to file an N-600 (Application for Certificate of Citizenship), or if you simply have questions about naturalization, call U.S. Immigration Lawyer Sean D. Hummel to schedule a consultation.

*a child adopted while under the age of sixteen years if the child has been in the legal custody of, and has resided with, the adopting parent or parents for at least two years or if the child has been battered or subject to extreme cruelty by the adopting parent or by a family member of the adopting parent residing in the same household: Provided, That no natural parent of any such adopted child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter 8 USC 1101: Definitions (b)(1)