Derivative citizenship
Derivative citizenship is the automatic vesting of citizenship upon certain events without having to “swear in” or naturalize. Some children are citizens at birth if born outside of the United States to U.S. Citizen parents, while others who live in the United States as lawful permanent residents derive citizenship upon the naturalization of one or both parents.
This section of law provides that children (biological and adopted) of U.S. citizens who are born and reside abroad (that is, they do not enter the U.S. as permanent residents) and who don’t become U.S. citizens at birth can apply to the Department of Homeland Security for a certificate of citizenship if the following conditions are met:
- At least one parent of the child is a U.S. citizen, whether by birth or naturalization.
- The U.S. citizen parent has been physically present in the U.S. for a total of at least five years, at least two of which are after the age of 14.
- The child is under the age of eighteen.
- The child resides abroad in the legal and physical custody of the U.S. citizen parent and has been lawfully admitted into the United States as a non-immigrant.
Children who acquire citizenship under this new provision do not acquire citizenship automatically; rather, they must apply to the Department of Homeland Security for a certificate of citizenship and go through the citizenship process.