Acquisition of Citizenship and Derivation of Citizenship

Most people are familiar with two main ways to be considered a US citizen, either through birth in the United States or through a naturalization interview and swearing-in ceremony.  However, acquisition of citizenship and derivation of citizenship are two other methods of becoming a US citizen through a US citizen parent without applying for anything.  In this article, Part 1 of 2, we will discuss acquisition of citizenship.  In the next installment, Part 2 of 2, another method, derivation of citizenship will be addressed. 

Through acquisition of citizenship, a US citizen parent may transmit US citizenship to his or her child even though born in another country.  This can sometimes occur through a US citizen grandparent too.  Acquisition of citizenship occurs automatically at the birth and there is no deadline for making application with the US government.  The foreign born person may apply for a US passport or certificate of citizenship at any age, even as an adult.  In addition, people who receive acquisition of US citizenship are entitled the same rights as any other US citizen.  And as a US citizen, the US government cannot remove (deport) him or her from the US , they can apply for a US passport, travel to and live in the US , and apply for their spouse, children, parent and siblings to travel and live in the US . 

Many of these foreign born people, have no idea that they may qualify as a US citizen.  Merely having a grandparent or parent who is a US citizen is not enough however.  The law of acquisition of citizenship has changed a number of times.  The date of birth of the foreign born person determines which law applies. 

Qualification for acquisition of citizenship is based upon a combination of five factors:  (1) whether the parents were married when the foreign national child was born, (2) the date of birth of the foreign national child, (3) whether one or both of the parents were a US citizen when the foreign national child was born, (4) how long the US citizen parent resided in the US prior to the person’s birth, and, (5) whether the foreign national satisfied requirements for residency in the US. 

Detailed Nationality Charts of qualifications for acquisition of citizenship may be found at my website www.bartenlaw.com (Chart #1 & Chart #2).