Derivative Citizenship is citizenship that you gain
after your birth, through the naturalization of one of your parents. This is
different from citizenship by descent which you acquire
at birth and can be conferred to you, even if you were born outside of the U.S. Let me warn you that in certain situations, depending on (1) when you were born, (2) when your parent(s) naturalized and (3) how hold you were when your parent(s) naturalized, there is a very complicated CHART involved in figuring out whether or not you can claim derivative US citizenship and what you need in order to prove your eligibility. I am going to talk about the most simple situations in this blog.
The current law that governs this is called the Child Citizenship Act (CCA) and came into effect on 2/26/01. The CCA allows certain children of
American citizens to get American citizenship automatically. These children did
not acquire American citizenship at birth, but rather are granted it following their parents' naturalization. Under the CCA, you can automatically acquire US Citizenship on the
date that all of the following requirements are met:
- At least one parent is a US citizen, whether by birth or naturalization
- You are under age 18
- You are currently residing permanently in the US in the legal and
physical custody of a US citizen parent
- You are a lawful permanent resident
Those simple requirements are ONLY for people who were
under 18 at the time CCA went into effec (i.e. 02/27/01). If you were OLDER than 18 on that date, then you do NOT qualify for
automatic citizenship, but rather you are subject to the chart I mentioned above and would have to file an application to prove your eligibility. Now that being said, even if you do fall under all of the requirements above - you effectively have NO proof of your citizenship because all you have is a green card and the knowledge that you fulfill all the requirements on the list. IF you want proof of your citizenship on PAPER, you need to either (1) apply for a US Passport or (2) file Form N-600, Application for Certificate of Citizenship. In my experience, I find that it is more effective to file the N-600 before trying to get your passport. Despite the fact that the law is clear on this matter and you are, under the law, a US Citizen,
most passport offices will not approve your passport application without a Naturalization Certificate.
As stated above, if you were over 18 at the time CCA was enacted, all is not lost, you simply need to seek the advice of a competent immigration attorney who can determine your eligibility and what you will need to prove your derivative citizenship. In your case, you will
have to file an N-600 with documentary evidence of your derivative citizenship. That evidence varies depending on when you were born and when your parent became citizens.
