Derivative citizenship is citizenship conveyed to children through the naturalization of parents or, under certain circumstances, to foreign-born children adopted by US Citizens. The law that currently governs derivative citizenship is the Child Citizenship Act of 2000. To become a citizen, the child must meet the following requirements:
· Have at least one American citizen parent by birth or naturalization
· Be under 18 years of age
· Live in the legal and physical custody of the American citizen parent; AND
· Be a Lawful Permanent Resident of the United States
Additionally, if you are applying for this through an adoption, the adoption MUST be full and final. This basically means that you must be a resident and under 18 years old when at least one of your parents becomes a citizen.
This law went into effect on February 27, 2001. Children who met these requirements on that day and after automatically became US Citizens. However, if you were older than 18 on this date then you have to meet different requirements in order to get derivative citizenship.
The requirements for children who were 18 prior to February 27, 2001 are as follows:
· BOTH of the child’s parents have to be American citizens by birth or naturalization
· The Child must be under 18 years old
· The child must live in the legal and physical custody of the parents, or of the one US citizen parent if they are divorced.
· The child must have been a Lawful Permanent Resident of the United States
The biggest changed in the new law is that only ONE parent has to be a citizen now. Before 2001 BOTH parents had to become citizens. The only exception to the pre-2001 law is that if the parents were legally separated, then the child would gain automatic citizenship if he/she was living in the legal and physical custody of the US citizen parent.
David Breston is a Houston citizenship attorney. If you need help applying for Naturalization in Houston, call David Breston at 713 224 4040.
You note: “The biggest changed in the new law is that only ONE parent has to be a citizen now. Before 2001 BOTH parents had to become citizens. The only exception to the pre-2001 law is that if the parents were legally separated, then the child would gain automatic citizenship if he/she was living in the legal and physical custody of the US citizen parent.” What if the divorced parents had joint custody? Would that qualify as “legal and physical custody” if the one citizen parent had joint custody (only on weekends for visitation).
I would like to know if there is a recent decision on the high court to see if this cca can be retroactive? Is there a law in the process that would make this old law become retroactive? Please let me know. Thanks!
This is a very detailed explanation of a complicated issue.
Sir:
I read your article. I was born legitimately to parents in Germany in 1948. We immigrated to the US in 1955 legally with permanent resident status. Both my parents naturilized in 1962 when I was 14. I have their naturalization papers or copies. I have no passport. We have lived in the US since 1955. There are no legal issues or convictions with regard to me and my parents. I have worked in the US for 40 years.
I now am having problems getting my Florida drivers license due to proof of citizenship. I tried the passport route but was unsucessful due to complications I feel they created.
I thought I was a US citizen before. Am I now?
Thank you in advance,
Klaus H. Mehlhorn