Unlike naturalization, derivative citizenship occurs automatically by operation of law when all statutory conditions are met. The child becomes a citizen at that moment, regardless of whether documentation is obtained.
Two Primary Categories
Children born outside the United States and lawfully admitted for permanent residence; conditions under which citizenship automatically acquired
8 U.S.C. § 1431
For children residing in the United States as lawful permanent residents when their parent naturalizes (or when admitted as LPR with citizen parent).
All Conditions Must Be Met
- At least one parent is a U.S. citizen (by birth or naturalization)
- Child is under 18 years of age at time conditions are met
- Child is residing in the United States in the legal and physical custody of the citizen parent
- Child has been lawfully admitted for permanent residence
Key Date: Applies to children who were under 18 on February 27, 2001 (effective date of Child Citizenship Act of 2000).
Children born and residing outside the United States; conditions for acquiring certificate of citizenship
8 U.S.C. § 1433
For children residing abroad who are brought to the U.S. specifically for naturalization proceedings.
Requirements
- At least one parent (or citizen grandparent if parent deceased within 5 years) is a U.S. citizen
- Citizen parent/grandparent was physically present in U.S. for 5 years, at least 2 after age 14
- Child is under 18 years of age
- Child is residing outside U.S. in legal and physical custody of citizen parent
- Child is temporarily present in the United States pursuant to lawful admission
- Child must take oath of allegiance (if required by age)
Note: This category requires an application (N-600K) unlike the automatic provision under § 1431.
Adopted Children
Adopted children may derive citizenship if the adoption satisfies specific legal requirements under the Immigration and Nationality Act. The rules vary based on the type of adoption and when it occurred.
Full and Final Adoption
Adoptions that are full and final under the law of the adopting parent's residence generally qualify. The child must be in the legal custody of the adopting parent.
Hague Convention Adoptions
Children adopted under the Hague Adoption Convention (from Hague countries after April 1, 2008) have specific provisions under INA § 101(b)(1)(G).
Important Note on Adoption
Not all international adoptions automatically confer citizenship. The specific immigration classification under which the child entered (IR-2, IR-3, IR-4, IH-3, IH-4) and whether the adoption was finalized before or after entry can affect derivative citizenship eligibility. Consult an immigration attorney for adoption-specific guidance.
Former Laws & Historical Provisions
Derivative citizenship laws have changed significantly over time. The applicable law depends on when the child was born and when the parent naturalized. Former provisions under 8 U.S.C. § 1432 (repealed) may still apply to certain individuals.
Before 10/5/1978
Different requirements; both parents generally needed to naturalize or one surviving parent.
10/5/1978 - 2/26/2001
Former § 1432 applied; required LPR status and residence in U.S. before age 18.
After 2/27/2001
Current law under Child Citizenship Act of 2000 (§ 1431) applies.
Retroactivity: The Child Citizenship Act of 2000 applies to children who were under 18 on February 27, 2001 and met all conditions as of that date. It does not grant citizenship retroactively to those who were 18 or older on that date.
Documentation & Evidence
Application for Certificate of Citizenship
Application for Certificate of Citizenship for individuals who derived or acquired citizenship through parents.
Used when:
- • Child is already in the U.S.
- • Conditions for automatic citizenship met
- • Seeking Certificate of Citizenship
Application for Citizenship and Issuance of Certificate Under Section 322
Application for children residing outside the United States to obtain citizenship through qualifying parent.
Used when:
- • Child resides abroad
- • Under § 1433 provisions
- • Requires interview outside U.S.
Evidence Typically Required
Child's Documents
- • Birth certificate
- • Passport (if any)
- • Green card
- • Photos
Parent's Documents
- • Naturalization certificate
- • Proof of citizenship
- • Marriage certificate
- • Custody documents
Additional (If Applicable)
- • Adoption decree
- • Divorce decree
- • Death certificate
- • Custody order