Acquisition of Citizenship and Derivation of Citizenship

In the previous installment, Part 1, Acquisition of Citizenship through birth abroad to a US citizen parent was discussed.  In this installment, another method of obtaining US citizenship through parents will be covered, called Derivation of Citizenship.  Derivation means “to get” or “to gain” citizenship.

The law of derivation of citizenship is considered an indirect form of naturalization and has been in effect since March 26, 1790.  Derivation of citizenship can occur automatically to lawful permanent resident children who were under the age of 18 when their parents naturalized to US citizenship.  These children derive, US citizenship automatically. 

The most recent version of the law, The Child Citizenship Act of 2000, drastically changed the requirements.  Under the new Act, children automatically derive citizenship when all of the following occurs to the foreign born child: 

1. under the age of 18 on or after February 27, 2001,
2. remain unmarried,
3. is a US lawful permanent resident, and,
4. is in the custody of a US citizen parent.

Unlike Acquisition of Citizenship, Derivation of Citizenship does not occur on the date of the birth of the foreign born child.  It requires careful planning to comply with the Child Citizenship Act.  The requirements cannot be met if the foreign born child ages out or marries before all of the conditions are met.  The child must have a green card before the parent naturalizes. 

If all the requirements are met, naturalization of the parent can grant the child the same benefits as if the child naturalized.  In order to have proof of citizenship, the child should apply for a US passport and a certificate of citizenship.  Additional details of qualifications for derivation of citizenship through The Child Citizenship Act of 2000 may be found at my website www.bartenlaw.com (Chart #1 & Chart #2).