While naturalization is the process where foreign nationals voluntarily apply for United States (U.S.) citizenship, acquired citizenship occurs when a person becomes a U.S. citizen through their parents. In this article, we explain acquired citizenship, including how it works and why it is important.
Acquired Citizenship v. Derivative Citizenship
Acquired citizenship occurs when a person automatically becomes a U.S. citizen at birth or during their childhood without having to go through the naturalization process. Typically, this occurs when a child is born outside of the U.S. to at least one U.S. citizen parent as long as the parent meets specific residency and physical presence requirements under U.S. law.
Derivative citizenship occurs when a child obtains U.S. citizenship because their parent becomes a naturalized citizen while the child is still a minor.
Although both acquired and derivative citizenship are gained through family ties, they are different and do not involve the same process.
Eligibility for Acquired Citizenship
In order to qualify for acquired citizenship, several elements must be met, including:
- U.S. Citizen Parent: One of the most important requirements for acquired citizenship is that the person has at least one U.S. citizen parent. The parent could have obtained their citizenship through birth in the U.S., naturalization or as a descendant from a U.S. parent.
- Residency Requirements: If the child is born outside the U.S., the U.S. citizen parent must meet certain physical presence and residency requirements in order to pass on their U.S. citizenship to their child. As the laws have changed several times, the requirements depend on the child’s date of birth and what the law was at the time they were born. For any child born on or after November 14, 1986, the U.S. citizen parent must have lived in the United States for five years, with at least two of those years being after the parent turned age 14.
- Child Born Out of Wedlock: The requirements are different not only based upon the residency and citizenship of the parents and birth year of the child, but also whether or not the child was born in or out of wedlock.
Applying for Acquired Citizenship
Determining whether someone acquired citizenship at or shortly after birth is very complicated and there are specific processes and documentation required to confirm it. Potential options are:
- Consular Report of Birth Abroad: If a child born abroad is seeking to establish their U.S. citizenship status, the parents may need to submit a Consular Report of Birth Abroad (CRBA) to the U.S. embassy or consulate in the country of birth. This document serves as proof of the child’s U.S. citizenship.
- Apply for a U.S. Passport: In some cases, a U.S. passport can also serve as evidence of acquired citizenship.
- File an N600: To apply for a Certificate of Citizenship, an N600 can be filed from within the United States.
Acquired citizenship is an important aspect of U.S. immigration law that allows individuals to automatically become U.S. citizens based on their parents’ status and residency history. Whether you’re a parent looking to confirm your child’s citizenship or someone who may have questions about your own status, understanding the legal requirements and process is essential.
If you have questions about your citizenship or immigration status, our experienced immigration law team is here to assist. You may register for a consultation by calling 970-680-1223 or scheduling online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.
**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.
Current as of November 11, 2024