Derivative citizenship: Children automatically become US citizens when either parent becomes a U.S. citizen. This usually happens for children under 18 who automatically become US citizens as their parents naturalize. Derivative citizenship occurs automatically — it isn’t earned by any effort on your part — it’s just the way it happens.
In this article, we’ll break down who is eligible for derivative citizenship, what to prove as a citizen, and how to get official documents.
Who Qualifies for Derivative Citizenship?
Under 18 children cannot petition for citizenship themselves in the United States, or be added to a parent’s naturalization petition. Rather, kids who fit certain criteria become U.S. citizens upon their parent’s U.S. citizenship. This is called derivative citizenship.
The three requirements to automatically make a child a U.S. citizen are the following:
- The child is an illegal permanent resident (green card holder).
- At least one parent is a U.S. citizen (by birth or naturalization).
- The child is legalized as a U.S. citizen child in the United States.
Adopted Children and Stepchildren
Not only biological children but also adopted children of US citizens are eligible for derivative citizenship. But, per the law, stepchildren don’t automatically become US citizens when their stepparent is a U.S. citizen.
How to Receive Proof of Derivative Citizenship?
To be eligible for derivative citizenship, you will have to establish it with legal documentation. The two primary papers to demonstrate citizenship are:
1. Certificate of Citizenship
A Certificate of Citizenship is an official document that The U.S. Citizenship and Immigration Services (USCIS) as proof of U.S. citizenship. It is typically awarded to those who gain or receive U.S. citizenship by birth, naturalization, or other means. You need to complete Form N-600 to get a Certificate of Citizenship. How to apply for this certificate is discussed in more detail in our guide.
2. U.S. Passport
Once you get a Certificate of Citizenship, you’ll be able to use it for a U.S. passport. You need not submit a Certificate of Citizenship to demonstrate your derivative citizenship with other documentation. These may include:
- Documents proving the child’s parenthood from the U.S. citizen parent: Certified copy of the child’s birth certificate for biological children or adoption decision for adopted children.
- Evidence of the child’s permanent resident status: A green card or other evidence that the child has been legally living in the U.S. with the parent.
- Birth Certificate (if under 18): A birth certificate can usually be used to prove the child is below 18 and has a right to derivative citizenship.
Born Abroad Children of U.S. Citizens).
U.S. citizenship can also be earned for non-American children born to at least one U.S. citizen parent, but only in certain circumstances and not for U.S. citizens. Such children can be born U.S. citizens if certain criteria apply, such as the parent being physically in the United States at the time of birth. It is a process that is not the same as the one above for children living in the United States.
Derivative citizenship is a useful procedure by which children of U.S. citizens automatically gain U.S. citizenship without having to apply separately. It’s easy to get a Certificate of Citizenship or US passport if you qualify if you meet the criteria. For more support, or if you’re not sure where to start, you can ask an immigration attorney or take advice from the law and visa community.
How Law and Visas Can Help?
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