If you are a child of a U.S. citizen and are under 18 years of age, you may claim U.S. citizenship after birth through your U.S. citizen parent if you meet the basic eligibility criteria. If approved by USCIS, you would receive a Certificate of Citizenship.

• Eligibility Criteria for Derivative Citizenship
  • Your biological parent or adoptive parent is a U.S. citizen (by birth or naturalization);
  • You have Lawful Permanent Residents (LPR) status; and
  • You are living in the United States in the legal and physical custody of the U.S. citizen parent.

If you are 18 years of age or older, you also may be able to derive U.S. citizenship from your U.S. citizen parent if all of the above conditions apply to you before your 18th birthday and you were under 18 years of age on February 27, 2001.

• Frequently Asked Questions
  1. When does my child become a U.S. citizen?
     1. When he/she meets the requirements listed
  2. Does my child need to apply before she turns 18 years of age?
     1. Yes. Nonetheless, if they meet the criteria before they turn 18 years old, they may apply after the age of 18.
  3. Can my child derive citizenship from her U.S. citizen step-parent?
     1. No. Children can only derive citizenship from biological parents or adoptive parents.
  4. Will my child have to pass a naturalization exam?
     1. No. The child is not tested on U.S. history, civics, reading, or writing.
  5. Do I have enough documents to demonstrate physical presence in the United States?
     1. Your lawyer will discuss what documents are required from the parent and the child.
  6. I am a U.S. citizen father and did not marry the child’s mother: will this be a problem?
     1. Your lawyer will discuss what proof USCIS requires when the biological parents were never married to each other.
  7. Can my child just apply for a U.S. passport instead?
     1. Yes, that is possible. Your lawyer will discuss the benefits of applying for a Certificate of Citizenship as well.

If you think you meet the eligibility criteria to obtain derivative U.S. citizenship from your parent, or if you have any other questions, we encourage you to reach out to our office at Ha Nguyen Law at (916) 281-9135.