Legal Definitions - derivation of citizenship

Derivation of citizenship is a principle in U.S. immigration law that allows a child to automatically become a U.S. citizen when their parent naturalizes. This means the child does not need to file a separate application for naturalization; their citizenship is "derived" from their parent's new status.

For a child to derive citizenship, several conditions must be met at the time the parent becomes a naturalized U.S. citizen:

• The child must be a lawful permanent resident (meaning they hold a "green card").
• The child must be under 18 years of age.
• The child must be residing in the legal and physical custody of the naturalizing parent.

The Child Citizenship Act of 2000 provides the specific legal framework and requirements for this process. This principle also applies to adopted children, provided they meet similar criteria, including being adopted before their 18th birthday and having a green card when the adoptive parent naturalizes.

Examples of Derivation of Citizenship:

• Example 1 (Biological Child with Single Parent):

  Maria, a single mother from Mexico, successfully completes her naturalization process and becomes a U.S. citizen. Her daughter, Elena, is 10 years old, holds a green card, and lives with Maria. Because Maria naturalized while Elena was under 18, had a green card, and resided with her, Elena automatically becomes a U.S. citizen at the same moment Maria does.

  How it illustrates the term: Elena's citizenship is "derived" from her mother's naturalization because all the necessary conditions (under 18, green card, living with the naturalizing parent) were met.

• Example 2 (Biological Child with Two Parents, One Naturalizes):

  The Singh family, consisting of parents Raj and Priya and their 15-year-old son, Rohan, are all lawful permanent residents. Raj successfully naturalizes as a U.S. citizen. Rohan, who has a green card and lives with both his parents, automatically becomes a U.S. citizen at that time.

  How it illustrates the term: Rohan derives citizenship from his father, Raj, because he was under 18, held a green card, and was living with his naturalizing parent when Raj became a citizen.

• Example 3 (Adopted Child):

  Sarah and Michael adopted their daughter, Chloe, from South Korea when Chloe was 6 years old. Chloe received her green card shortly after arriving in the U.S. When Chloe is 14, Sarah, her adoptive mother, naturalizes as a U.S. citizen. Since Chloe was adopted before age 18, had her green card when Sarah naturalized, and was living in Sarah's custody, Chloe automatically becomes a U.S. citizen.

  How it illustrates the term: Chloe's citizenship is derived from her adoptive mother, Sarah, because she met the criteria for adopted children, including being adopted before 18, having a green card, and residing with the naturalizing adoptive parent.