Derivative Citizenship
Derivative citizenship allows children born outside the U.S. to acquire American citizenship through their parents.
U.S. law provides a path to citizenship for certain children born abroad who meet specific eligibility criteria. This process, known as derivative citizenship, can occur either at birth or after birth—but before the child turns 18. The laws governing derivative citizenship are complex and depend on factors such as the parents’ citizenship, legal status, and physical presence in the United States.
Who Qualifies for Derivative Citizenship?
There are two key pathways to obtaining derivative citizenship:
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At Birth: A child may automatically acquire U.S. citizenship if at least one parent was a U.S. citizen at the time of birth and met the physical presence requirements in the U.S.
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After Birth (Before Age 18): A child may derive citizenship after birth if certain conditions are met, including legal custody and U.S. permanent resident status.
Key Requirements
To prove eligibility for derivative citizenship, the following must typically be established:
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Proof of Parental Relationship: This may include a birth certificate, adoption decree, or even DNA testing when needed.
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Proof of U.S. Citizen Parent’s Physical Presence: The parent must provide evidence of time spent physically in the U.S., such as school records, employment history, or tax documents.
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Proof of the Child’s Status and Residence: The child must be a lawful permanent resident and have lived in the legal and physical custody of the U.S. citizen parent.
How to Apply for Derivative Citizenship
The application process involves the following steps:
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Document Collection: Gather all evidence, including the child’s ID documents and proof of the parent’s U.S. citizenship and physical presence.
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Submission to U.S. Authorities: Applications are usually submitted to a U.S. Embassy or Consulate if living abroad.
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Interview (if required): A consular interview may be scheduled to review the eligibility of the child.
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Approval and Passport Application: If approved, the child is recognized as a U.S. citizen and may then apply for a U.S. passport.
Benefits of Derivative Citizenship
Derivative citizenship comes with the full rights and protections of being a U.S. citizen:
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The right to live, work, and study in the U.S.
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Access to healthcare, education, and government services
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Freedom to travel with a U.S. passport
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The ability to vote (once of legal age) and participate in civic life
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Inheritance rights and the ability to own property or start a business
Whether you’re just beginning the process or need help proving eligibility, our experienced attorneys can guide you every step of the way.
