A derived US citizen is a person who automatically acquires US citizenship as a result of a parents citizenship or immigration status. The process by which certain individuals automatically acquire US citizenship as a result of a parents citizenship is called derivative citizenship. The Child Citizenship Act of 2000 allows a child to derive citizenship from a parent who has become a naturalized US citizen.
The following are some key points about derivative citizenship:
- Derivative citizenship applies to children (under the age of 18) of naturalized US citizens.
- Adopted children of US citizens can also acquire derivative citizenship if they were adopted before they turned 18, have a green card at the time the parent naturalized, the adoptive parent had custody of the child, and the adoptee was not married at the time.
- Stepchildren are not able to derive citizenship from a stepmother or stepfather under this provision.
- To prove derivative citizenship, individuals can obtain an official Certificate of Citizenship from USCIS.
- The law requires the derivative applicant to present documentary evidence of the US citizen parents physical presence in the US.
It is important to note that there are two general ways to obtain citizenship through US citizen parents: at birth, and after birth but before the age of 18. Congress has enacted laws that determine how citizenship is conveyed by a US citizen parent (or parents) to children born outside of the United States. The law in effect at the time of birth determines whether someone born outside the United States to a US citizen parent (or parents) is a US citizen at birth.