Citizenship Series Part 4: Deriving Citizenship with One Naturalized Parent
Derivative Citizenship is possible for those who only have one Naturalized Parent, but this is reserved for those in special circumstances. There are only three (3) situations in which having one Naturalized Parent may qualify you for Derivative Citizenship:
- Naturalization of Surviving Parent
- Naturalization of Parent Having Legal Custody Where There Has Been a Legal Separation of the Parents
- Naturalization of Mother When Child Was Born Out of Wedlock and Paternity Not Established by Legitimation
In this Part of the series we will be discussing situation 1.
Naturalization of a Surviving Parent:
If you lost one parent during childhood and your surviving parent became a U.S. citizen before your 18th birthday, you may qualify for Derived Citizenship, provided you also meet the requirements described in Part 3 of this series. This path applies whether your surviving parent naturalized before or after your other parent’s passing. If your surviving parent naturalized after your other parent passed away, you derived citizenship on the date your surviving parent naturalized. If your surviving parent naturalized before your other parent’s passing, you derived citizenship on the date of your other parent’s death.
In Part 5 of this series, we will discuss situation 2, and the specifics of what counts as Legal Custody.
If you think you may have derived citizenship from your parents when you were a child, or if you simply have questions about naturalization, call U.S. Immigration Lawyer Sean D. Hummel to schedule a consultation.
