Derived Citizenship
Citizenship Series Part 3
In the two previous parts of this series, we discussed Acquired Citizenship under the Child Citizen Act of 2000 (CCA). It is understandable that you might feel it is unfair or arbitrary that the CCA applies only to children born on or after February 27, 2001, or those who were under 18 years of age as of that date when you may have been in a similar situation prior to this cut-off date. However, there is a different route to citizenship that may apply to those who do not meet the date requirements to fit into the aforementioned category.
Derived citizenship requires a slightly different set of circumstances than Acquired Citizenship and is a route specific to those who have to two* alien parents who naturalized when they were a child:
- Your parents naturalized prior to your 18th birthday
- You were living as a Lawful Permanent Resident with your naturalized parents before your 18th birthday
As of 1976, these criteria also apply to adopted children who live with their U.S. Citizen parents.
*There are exceptions to the stipulation of having two alien parents for those whose parents divorced during their childhood, who lost a parent during their childhood, or whose paternity was not established by legitimation. We will discuss the specifics of these exceptions in Parts 4 and 5 of this series.
In the event both conditions were met before your 18th 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.
