Becoming a U.S. Citizen through Derivative Citizenship: A Step-by-Step Guide to Understanding Your Path...

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Brian D Lerner

Becoming a U.S. Citizen through Derivative Citizenship

A Step-by-Step Guide to Understanding Your Path to U.S. Citizenship by Derivation

Brian D Lerner

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English

Law Offices of Brian D. Lerner, Apc
25 October 2025

Migration, immigration & emigration; Higher & further education, tertiary education; Legal skills & practice; Legal profession: general; Citizenship & nationality law

Derivative Citizenship is citizenship automatically or subsequently granted to a child through the naturalization of one or both parents, or, in some cases, through adoption by United States citizen parents, provided certain legal requirements are met. Unlike acquisition of citizenship at birth, derivative citizenship is obtained after birth, typically when the child's parent(s) become naturalized U.S. citizens and the child meets specific eligibility criteria set forth under U.S. immigration law.

To qualify for derivative citizenship, the child generally must:

Have at least one parent who is a U.S. citizen by birth or naturalization; Be under 18 years of age at the time the parent(s) become U.S. citizens; Be residing in the United States in the legal and physical custody of the U.S. citizen parent(s); and Hold lawful permanent resident (LPR) status before deriving citizenship.

These conditions are primarily governed by Section 320 and Section 322 of the Immigration and Nationality Act (INA). Section 320 covers children residing in the United States with a U.S. citizen parent, while Section 322 applies to children residing outside the United States who may still derive citizenship through their U.S. citizen parent under certain conditions.

For adopted children, additional requirements apply-such as the adoption being legally finalized before the child turns 16 (with some exceptions) and the adoptive parent(s) meeting physical custody and residency requirements. Once all statutory conditions are satisfied, the child automatically becomes a U.S. citizen by operation of law and is entitled to proof of citizenship, such as a Certificate of Citizenship or a U.S. passport.

Derivative citizenship serves to unify families and ensure that children of newly naturalized citizens share the same nationality, rights, and protections under U.S. law, fostering stability and integration into American society.

By: Brian D Lerner
Imprint: Law Offices of Brian D. Lerner, Apc
Dimensions: Height: 279mm, Width: 216mm, Spine: 3mm
Weight: 150g
ISBN: 9781958990643
ISBN 10: 1958990647
Pages: 54
Publication Date: 25 October 2025
Audience: General/trade , ELT Advanced
Format: Paperback
Publisher's Status: Active

Brian D. Lerner is a certified expert in Immigration Law, Removal and Deportation, Citizenship, Waiver and Appeals. He is an Immigration Lawyer and runs a National Immigration Law Firm for nearly 30 years. He is an attorney who is a certified specialist that might help in Immigration & Nationality Law as issued by the California State Bar, Board of Legal Specialization.