What Is Derivative Citizenship and How Does It Work?

There are different ways in which people can become citizens of the United States. One of those ways is through derivative citizenship. By learning more about what derivative citizenship is and how you can obtain, you can determine if you meet the eligibility criteria.

The Definition of Derivative Citizenship

Derivative citizenship means that a child can derive citizenship from their parent who has become a naturalized U.S. citizen. Essentially, if a parent is born in another country and then gains U.S. citizenship, any children they have can potentially become citizens, too. This also applies to naturalized parents who adopt children who are not U.S. citizens. 

How Derivative Citizenship Works

If a child is under 18, has a green card when their parent becomes a U.S. citizen, and lives with their parent, then the child will gain citizenship. In order for an adopted child to become a citizen, they need to be adopted before their 18th birthday and have a green card when their parent naturalizes. Additionally, the adoptive parent must have custody of their child, and the adopted child must not be married.

Getting Proof of Citizenship

If you need proof of derivative citizenship, as long as your child meets the requirements to receive it, you can apply for proof of citizenship by filing USCIS Form N-600. This is the Application for Certificate of Citizenship. You will also need to provide documents showing that the parent is a U.S. citizen and the child’s immigration status, identity, and relationship to the parent. You can prove this with a birth certificate or an adoption decree. 

What Is Acquisition of Citizenship?

You may be confused about the difference between derivative citizenship and acquisition of citizenship. The latter applies to U.S. citizens who have a child outside of the United States. As long as at least one parent is a U.S. citizen, then the child will automatically be a U.S. citizen as well. 

Non-U.S. Citizens Who Give Birth in the U.S.

You may have heard the term “anchor babies.” These are children who are born to people who come to the U.S. without citizenship. The child will automatically gain U.S. citizenship just by being born here. Then, they can petition for their parents to get green cards after they turn 21 years of age. The child will also need to earn enough money so they can be the parent’s financial sponsor. Another option is if the family has enough assets to make up the difference required. 

Having an anchor baby is a risk because parents could face deportation. Typically, the immigration authorities focus on deporting people who are criminals. Though it’s still possible, they might be hesitant to deport people with family in the U.S. If facing deportation, parents may be able to apply for a Cancellation of Removal. They need to meet certain requirements, such as living in the U.S. for at least 10 years and proving that deportation would cause “exceptional and extremely unusual hardship” for a qualifying relative who is a lawful permanent citizen or a U.S. citizen. They also have to show good moral character and prove they haven’t violated the law or been convicted of certain crimes. 

Contact a Florida Immigration Attorney

Do you have questions about derivative citizenship? Then contact Florida Immigration Law Counsel through our website or by calling 1-800-666-4996. We deal with the government so you don’t have to. We look forward to assisting you.

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Attorney Saman Movassaghi, Esq.

Caring and compassionate, Saman Movassaghi Gonzalez is a Florida immigration attorney dedicated to producing the results her clients need. She has over 17 years of experience helping both corporate and individual clients with an emphasis in employment/investment cases and family adjustment cases.

As the Managing Attorney at Florida Immigration Law Counsel, Saman Movassaghi Gonzalez and her team are capable of representing and helping individuals looking to attain a Family VisaWork Visa, and Citizenship/Naturalization. Her experience successfully representing clients in front of the Department of Justice for cases involving Deportation/Removal Proceedings will lead to success in your case.

Her experience and expertise in immigration litigation has led to multiple Avvo awards and other accolades, including the Clients’ Choice for 2017 Immigration Attorney. Her clients also consistently post positive reviews on her Facebook page. Her experience has also allowed her to teach a new generation of lawyers as an adjunct professor of law at Nova Southeastern University, and she also regularly gives speeches on immigration matters.

Counselor Gonzalez is also experienced in helping corporate clients through the process of filing for Employment Visas, Labor Certifications, and Business and Investment Visas with the Department of Labor. She takes on the entire case from start to finish, simplifying the process for her clients and allowing them to focus on their business.

Fluent in English, Spanish, and Farsi – Saman Movassaghi Gonzalez is dedicated to making her clients feel comfortable and assured in making her their go-to immigration attorney in Florida. Her goal is to ensure that those who want to live the American dream have a professional fighting for them and making the process as painless as possible.

Saman’s passion for immigration law stems from her personal life as the daughter of immigrants. Her parents were recipients of the student F1 visa in 1971. Her father came into this country with the goal to improve his life and the life of his children. He earned a PhD in Civil Engineering and Business, instilling in his daughter a strong work ethic that she carries to this day. Saman saw firsthand what it means to be an immigrant and achieve the American Dream.

Saman Movassaghi Gonzalez can personally understand the struggle of immigrants and the children of immigrants navigating through the bureaucratic process of immigration law. Because of this, she dedicates herself fully and provides her personal attention to every case. She prides herself on developing a strong relationship with each and every client, and she is not afraid of pushing the envelope and looking for answers where other attorneys have failed.

Saman Movassaghi makes it her goal to provide you with only the best representation for immigration matters because she believes it’s time for you to live the American dream!