A derived citizen is someone who became a U.S. citizen automatically through a parent’s citizenship while they were a child, without filing their own naturalization application. A naturalized citizen is someone who applied for citizenship on their own, usually with Form N-400, and took the oath. This guide explains the difference, who qualifies for derivative citizenship, and how to prove it.
Quick Answer: Are You a Naturalized or Derived Citizen?
Filling out a form? Answer “naturalized” if you applied for citizenship yourself, took the oath, and have a Certificate of Naturalization. Answer “derived” if you became a citizen automatically as a child green card holder because a parent was or became a U.S. citizen, and your proof is a Certificate of Citizenship or a U.S. passport. If you were born in the U.S., or born abroad to a U.S. citizen parent and were a citizen from birth, you are neither; choose “citizen by birth” or “not applicable” if the form offers it.
Many forms ask “Are you a naturalized or derived citizen?” Use this table to check your answer:
| How you became a citizen | You are | Your proof of citizenship |
|---|---|---|
| Born in the United States | Neither; you are a citizen by birth | U.S. birth certificate or passport |
| Born abroad to a U.S. citizen parent who met the transmission requirements | A citizen who acquired citizenship at birth (not naturalized or derived) | Consular Report of Birth Abroad, passport or Certificate of Citizenship |
| Applied yourself (usually Form N-400) and took the oath | Naturalized | Certificate of Naturalization |
| Became a citizen automatically as a child green card holder because a parent was or became a citizen | Derived | Certificate of Citizenship or U.S. passport |
If you were born in the U.S., you are not a naturalized or derived citizen. If a form only offers those two options, look for a “citizen by birth” or “not applicable” choice.
What Is Derivative Citizenship?
Derivative citizenship is citizenship that passes from a parent to a child automatically, by operation of law. The child does not apply, take a test or take an oath. Once the legal conditions are met, the child is a U.S. citizen, whether or not anyone files paperwork. Derived citizens have exactly the same rights as other U.S. citizens.
Derivation is different from acquisition. Acquisition happens at birth, when a child born abroad has a U.S. citizen parent who meets the residence or physical presence requirements in effect at the time. Derivation happens after birth, when a child who is already a green card holder lives in the U.S. with a citizen parent. Read more about the differences between citizenship and naturalization.
En español: Ciudadanía derivada: cuándo los hijos se hacen ciudadanos a través de sus padres.
Who Qualifies for Derivative Citizenship?
Under the Child Citizenship Act, which took effect on February 27, 2001, a child born outside the U.S. automatically becomes a citizen when all of the following are true before the child turns 18:
- At least one parent is a U.S. citizen, by birth or by naturalization.
- The child is a lawful permanent resident (green card holder).
- The child lives in the United States in the legal and physical custody of the U.S. citizen parent.
The conditions can be met in any order. For example, a child who gets a green card after a parent has already naturalized becomes a citizen on the day all the conditions are met, as long as that happens before the 18th birthday. Adopted children can qualify if the adoption meets the immigration law definition. Children adopted abroad who enter the U.S. on an IR3 or IH3 immigrant visa generally become citizens automatically when they are admitted, and USCIS sends them a Certificate of Citizenship. See our guide to green card category codes for what IR3 and other codes mean.
Derivative Citizenship Before 2001
The Child Citizenship Act is not retroactive. If you turned 18 before February 27, 2001, the older law applies, and it was stricter. In general, a child derived citizenship before 2001 only if, while the child was under 18 and a permanent resident:
- Both parents naturalized, or
- One parent naturalized and the other parent had died, or
- The parents were legally separated and the parent with legal custody naturalized, or
- The child was born to unmarried parents, paternity had not been legally established, and the mother naturalized.
Many adults who grew up as green card holders are surprised to learn they derived citizenship under these rules, and others are surprised to learn they did not. If you are unsure, have an attorney review your parents’ naturalization dates and your family history before you apply for anything.
How to Prove Derivative Citizenship
Because derivation is automatic, derived citizens do not receive a Certificate of Naturalization. To prove citizenship, you can:
- File Form N-600, Application for Certificate of Citizenship, with USCIS. The Certificate of Citizenship never expires. Check the current fee on the USCIS fee schedule before filing.
- Apply for a U.S. passport, which is also full proof of citizenship.
Either way, you will usually need your birth certificate, your green card or other proof of permanent residence, your parent’s proof of citizenship (such as a Certificate of Naturalization), proof of the parent-child relationship and custody, and evidence that you lived in the U.S. with that parent before age 18.
Common Problems
- The child turned 18 before the last condition was met, for example before the green card was approved.
- There is no proof that the child lived with, and was in the custody of, the citizen parent.
- The old pre-2001 rules apply and only one parent naturalized.
- A stepparent relationship, which does not count for derivation.
- Someone who did not derive citizenship believes they did, and then votes or claims to be a citizen, which can have serious immigration consequences.
Need Help Confirming Your Citizenship?
BCA Law Firm helps individuals and families confirm whether they derived citizenship, prepare Form N-600 and passport applications, and resolve problems with proof of status. Learn more about our citizenship and naturalization services or contact us to schedule a consultation.
We offer 30-minute consultations for $175, at our Norcross office or online. Book a consultation or call 678-292-6111.
This page provides general information and is not legal advice. Every case is different; speak with an attorney about your situation.
