Derivative Naturalization when Parent(s) Naturalize
Posted Jul 25, 2000
The children of naturalized citizens comprise an important category of people who may not have to apply separately to the Immigration and Naturalization Service (INS) to become U.S. citizens. Rather, they usually obtain their citizenship based upon the naturalization of their parent(s), by a process known as "derivative naturalization."
As many of you are aware, most people applying for U.S. naturalization must pass the English and Civics tests and background checks, and must also demonstrate an ability to understand the oath of allegiance to the United States. In contrast, derivative naturalization enables the child to automatically become a naturalized citizen; the child is not required to submit any application or take any test or oath.
Applicants for U.S. naturalization also must endure long waiting periods from the time that they file their application until the date of their interview. A child who is eligible for derivative naturalization, however, can simply obtain a certificate in her or his own name proving that he or she is a United States citizen. This certificate, which can be obtained by filing form N-600 with the INS along with the appropriate evidence, is not a prerequisite for obtaining naturalization, but serves as documentation that naturalization has already been acquired. Alternatively, the child can simply apply for a U.S. passport instead of obtaining a certificate of citizenship. Either document is conclusive proof of his or her U.S. citizen status.
The rules and statutes for derivative naturalization have changed many times over the years. Each time, the changes applied only prospectively. Consequently, there are now different rules for different people, depending upon dates of birth. Of the various ways for a person to qualify for derivative naturalization, the two most common situations are: (a) when a child is the child of two foreign national parents or (b) a child of a U.S. citizen and a foreign national (assuming that the child did not derive citizenship at birth through the U.S. citizen parent). If both parents are foreign nationals, the child derives citizenship when both parents naturalize. An exception is where the parents are legally separated or divorced, and the child becomes a citizen upon the naturalization of the parent who has custody of the child. If one parent is a U.S. citizen and the other is a foreign national, then the child obtains derivative citizenship when the foreign national parent naturalizes.
The basic requirements for derivative naturalization are that the child is under the age of 18 years at the time the parents naturalize; and that the child enters the U.S. to reside permanently or as a lawful permanent resident (LPR) while under the age of 18 years. So a child who is living outside of the U.S., but whose parents have just naturalized, can become a citizen of the U.S. upon entering as a LPR, as long as she or he is still under the age of 18.
One important issue to remember is that, for foreign national parents of mentally disabled children, derivative status may be the only way that the child will be able to acquire U.S. naturalization. As mentioned above, an applicant for naturalization must demonstrate an understanding of the nature of the oath of allegiance to the U.S. Those persons with certain mental disabilities or mental illnesses may not be able to meet this requirement. Therefore, it is important to make sure the necessary procedures for derivative naturalization are completed before the child turns 18.
Please note that there are also a variety of ways to derive citizenship automatically at birth. This is a separate topic, but here is an example. If one parent is a U.S. citizen, and the other is a foreign national, it may be possible for the citizen parent to go to the U.S. consulate and file a registration of the child's birth abroad. If various legal requirements (relating mainly to the amount of time the U.S. citizen parent has lived in the U.S.) are met, then the child is a U.S. citizen, regardless of the citizenship status of the other parent. © The Law Office of Sheela Murthy, P.C.
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