Derivation of citizenship is a form of acquiring U.S. citizenship through the naturalization of one or both of your legal parents. It is based on the Immigration and Nationality Act (INA).
When Does Derivation of Citizenship Apply?
Derivation of citizenship applies to you if you meet all the following conditions:
- You were born outside the United States
- At least one of your legal parents was a U.S. citizen when you were born
- Your other parent had a permanent residence status in the United States prior to you turning 18
- You entered the United States when you were under 18 and live in the United States for five years prior to turning 18
- You did not make any statement renouncing U.S. citizenship
What Are the Benefits of Derivation of Citizenship?
Derivation of citizenship has many benefits for those who qualify for it. Individuals who qualify for this form of U.S. citizenship have the right to vote, live and work in the United States, sponsor family members for permanent residence, and become a U.S. passport holder.
In addition, individuals who derive U.S. citizenship also receive certain benefits such as access to government-funded programs, the ability to receive U.S. social security benefits, and a pathway to become a permanent resident.
Examples of Deriving U.S. Citizenship
The concept of deriving U.S. citizenship can be best understood through examples. One example includes a child born in Mexico who had a U.S. citizen parent at the time of his birth. The child then moves to the United States with the parent prior to reaching 18 years old and lives in the United States for the next five years.
Another example is of a child born in Canada who had a U.S. citizen parent and a Canadian permanent resident parent. The child then enters the United States prior to turning 18 and lives in the United States for the next five years.
Conclusion
In summary, deriving U.S. citizenship is a form of acquiring U.S. citizenship through the naturalization of one’s parent or parents. It applies to individuals who were born outside of the United States, had a U.S. citizen parent at the time of their birth, or another parent with permanent residence status in the United States. Derivation of citizenship has many benefits including the right to vote, live and work in the United States, sponsor family members, receive certain benefits, and become a U.S. passport holder.