Understanding Derivative Citizenship

Introduction

In the past 10 years, the US has added 7.9 million citizens through Naturalization.

There are various ways to become a US Citizen, including birth in the US, the naturalization process, or deriving citizenship from your parents. While you may have heard about the naturalization process, chances are you aren’t aware of derivative citizenship and how a person can become a US citizen due to their parent’s immigration status.

If you want to know what derivative citizenship is, what the eligibility is, and how you can become a citizen by deriving your citizenship through your parents, then this blog will answer all your questions and clear all your doubts. 

What Is Derivative Citizenship? 

Derivative Citizenship is an immigration process through which a person (typically under the age of 18) automatically becomes a US citizen by virtue of either or both of their parents acquiring US citizenship. If either of your parents are US citizens and you are under the age of 18, you may be eligible to become a US citizen through derivative citizenship. 

Typically, a person applies through derivative citizenship when they acquire US citizenship after birth but before they turn 18. 

What Is the Eligibility to Obtain Derivative Citizenship? 

Under the US immigration law, children (under 18) cannot directly apply for naturalization through an N-400 application or be included in their parent’s naturalization application. Although they can apply for citizenship through naturalization after meeting the age criteria, there is another way for them to become citizens, i.e., through derivative citizenship. 

If your birth or adoptive parent (step-mother and step-father are excluded) becomes a US citizen through naturalization, you may be eligible to automatically become a US Citizen if you:

• Hold a green card or are a lawful permanent resident 
• Are living within the territory of the US, under the lawful custody or guardianship of a US citizen parent
• Have at least one parent who is a US citizen, either through birth or naturalization.
• Are unmarried at the time of deriving your citizenship

How Can You Apply for Derivative Citizenship? 

Even though the process of becoming a citizen is automatic, how can you prove that you are now a US Citizen? For this, you would have to apply for citizenship documents and get the following documents:

Citizenship Certificate

The first step to proving you are a US Citizen is having a valid US Citizenship certificate. A person who has become a US citizen through birth, naturalization, or derivative citizenship usually gets a citizenship certificate. You can apply for a certificate by filing an N-600, Application for Certificate of Citizenship, with the USCIS. If you are a minor, your parents or legal guardian can file on your behalf. 

Remember, filing an N-600 does not make you eligible for citizenship; it is filed only to obtain a citizenship certificate. 

US Passport

Once you get a citizenship certificate, you can apply for documents like a US passport. Even if you are not planning to travel internationally in the near future, having a US passport makes it easier for you to prove your identity and citizenship. 

What if I don’t have my certificate of citizenship? Can I still get a US passport? 

In case you haven’t received your citizenship certificate, you may still be able to apply for a US passport if you have any of the following documents:

• Proof of Relationship with a US Citizen Parent: You can provide evidence that you are a biological child of a US citizen by producing a copy of your birth certificate, or if you are an adoptive child, you can submit a copy of the court’s adoption decree. 
• Proof of Permanent Residence: An essential requirement of deriving citizenship through a US parent is being a green card holder. To apply for a US passport, you should submit the front and back copies of your unexpired green card to show your lawful permanent residence status. 
• Age: Typically, you can only derive US citizenship through your parents if you are under 18. You can submit a copy of your birth certificate or any state-issued ID to prove this. 

Usually, you are allotted a US passport within 4-8 weeks of applying, as long as your documents are in order. 

Conclusion

Understanding the rules and requirements of derivative citizenship can help you avoid common mistakes and pitfalls. As long as you meet the eligibility requirements before you turn 18 and after your parents become US citizens, you can derive your citizenship from them. As you become a citizen automatically, you do not need to approach the USCIS that same day to get a citizenship certificate. You can apply for your N-600 any time after becoming a citizen. 

How FileRight Can Help?

While deriving your citizenship, you can face some bureaucratic hurdles and may not know what to do. With FileRight, you get an expert partner in your journey of becoming a US citizen and obtaining the right documents to prove and enjoy the benefits of your citizenship. Here’s how FileRight can help you:

1. Eligibility Quiz: You can take a free eligibility quiz to see if you qualify for derivative citizenship
2. N-600: Our specially designed N-600 application package ensures an accurate, error-free application process and prevents unnecessary delays and compilations. 
3. Expert Guidance: Our experienced naturalization and immigration attorneys guide and assist you through the process, informing you of all your options and helping you make the best decision possible. 

Start your citizenship process today by consulting FileRight’s experienced citizenship attorneys!