Do I Qualify for Naturalized or Derived Citizenship?

There are multiple ways to acquire U.S. citizenship besides being born on U.S. soil, but people often want to know the difference between naturalized or derived citizenship.

One question recently popped up that is worth exploring. A young person asked, “Do I qualify for naturalized or derived citizenship if I was born abroad?” More information is actually needed to answer this question properly, so this is an excellent chance to talk about the various ways one can obtain U.S. citizenship.

U.S. citizenship provides profound rights, benefits, and privileges. Most Americans acquired their U.S. citizenship at birth and not through naturalized or derived citizenship. All individuals born on U.S. soil (including those born in the U.S. territories of Guam, Puerto Rico, the Northern Mariana Islands, and the U.S. Virgin Islands) are automatically granted American citizenship at birth. These people are not considered naturalized or derived citizens. The young person in question didn’t ask about being born on U.S. soil though, she asked about qualifying for citizenship after being born abroad.

Pathways to Citizenship if Born Abroad

There are three pathways to U.S. citizenship when born off U.S. soil.

1. Citizenship through acquisition
2. Citizenship through naturalization
3. Derived citizenship

Citizenship Through Acquisition

If a child is born abroad to two U.S. citizens who are married, they automatically acquire citizenship at birth as long as one of the parents had a residence in the U.S. or one of its territories before the child was born.

If a child is born to one U.S. citizen and one foreign national who are married, they automatically acquire citizenship at birth if the parent who is a citizen had been physically present in the U.S. or one of its territories before the child was born for a designated amount of time. In this scenario, the length of time that the parent is required to have been on U.S. soil depends on which statute was in effect when the child was born.

It’s also possible to automatically acquire citizenship at birth when a child is born out of wedlock to at least one U.S. citizen, but that gets complicated. If this situation applies to you, an immigration attorney can help you determine if you qualify for automatic citizenship through acquisition.

It is also possible to automatically acquire citizenship after birth through a parent who is a U.S. citizen. If the young person who asked, “Do I qualify for naturalized or derived citizenship if I was born abroad?” automatically acquired citizenship, then she wouldn’t need to qualify for naturalized or derived citizenship.

The Child Citizenship Act of 2000 simplified the method of citizenship by acquisition by setting four requirements for automatic citizenship after birth:

• The child must have a parent who is already a citizen of the United States. (This includes adoptive parents)
• The person is less than 18-years-old.
• The person is already a lawful permanent resident.
• The person is living with their U.S. citizen parent who maintains both legal and physical custody.

Under certain circumstances, the requirement of living inside the United States can be bypassed because of the Citizenship for Children of Military Members and Civil Servants Act.

If the child of a U.S. citizen is over 18, that doesn’t mean that they have no chance of getting a certificate of citizenship. Some options for citizenship may still apply. If this situation applies to you, contact an immigration attorney to discuss your options.

If you are living in the United States and need evidence of citizenship through acquisition, an immigration attorney can help you file a Form N-600, Application for Certificate of Citizenship.

Qualifying to Become a Naturalized or Derived Citizen if Born Abroad

A naturalized or derived citizen of the United States obtains their citizenship without a U.S. citizenship birthright. So, next we will discuss how to qualify to become a naturalized or derived citizen if born abroad.

Citizenship Through Naturalization

If the young person who asked, “Do I qualify for naturalized or derived citizenship if I was born abroad?” has no parental ties to a U.S. citizen, is at least 18 years old, and is already a lawful permanent resident, she may qualify for citizenship through naturalization. After obtaining a green card, she must wait at least five years before applying for citizenship through naturalization, unless she is married to a U.S. citizen.

If she is married to a U.S. citizen, the waiting period to start the naturalization process is reduced to three years. Other requirements also exist. Naturalization is a complex process, and an immigration attorney would be able to help her navigate the system more easily.

To obtain citizenship through naturalization, a green card holder must meet certain requirements including:

• Have lived within the U.S. continuously for the five years (or three if married to a U.S. citizen) immediately preceding the application for naturalization.
• Have been physically present on U.S. soil for at least 30 months of those five years (or 18 months of the three years, if married to a U.S. citizen).
• Demonstrate good moral character during this same period of time.
• Attend a USCIS interview.
• Pass the U.S. citizenship test (unless exempt).

The process of obtaining citizenship through naturalization is finalized by taking an Oath of Allegiance in a formal U.S. ceremony.

Derived Citizenship

If the young person who asked, “Do I qualify for naturalized or derived citizenship if I was born abroad?” has a parent obtaining citizenship through the naturalization process, she may qualify for “derived citizenship.” In other words, a child who was born a foreign national can derive citizenship through their parent’s naturalization process under certain circumstances.

For derived citizenship, you must meet eligibility requirements including:

• You were under 18-years-old when your parent became a citizen.
• You are the genetic, legitimated, or adopted child of an immigrant who completed the naturalization process.
• You have a green card and are living in the U.S., or you are living outside the U.S. and your U.S. citizen parent (or a grandparent who is a U.S. citizen) meets certain requirements of physical presence.
• When your application for derived citizenship is approved, you are physically present, were lawfully admitted, and are maintaining a legal status in the U.S.
• You maintain the lawful presence requirements throughout the naturalization process.

A significant difference of deriving citizenship is that the child doesn’t have to pass a citizenship test. They don’t have to swear an Oath of Allegiance either. Derived citizenship isn’t a process the child must go through, the child obtains it by operation of law through the parent’s naturalization process. To obtain a proof of citizenship document for a child in this scenario, the parent’s attorney will submit either a Form N-600 (if living in the U.S.) or a Form N-600K (if living abroad) on behalf of the child.

Do You Need an Immigration Attorney?

If you live in Texas and would like to pursue naturalized or derived citizenship or need help with any immigration issue, please contact Nanthaveth & Associates Immigration Law Office today.