Derivative U.S. Citizenship

When a child who is under the age of 18 enters the United States, that child may automatically become a U.S. Citizen at a later date, but there are specific rules which apply. I have had many adult clients with no paperwork regarding their immigration status come to me and simply state that they believed they were already a U.S. Citizen. It usually comes up when their driver’s license gets suspended or is about to expire and the Department of Highway Safety and Motor Vehicles denies them a new license because they are unable to provide proof of Citizenship or Lawful Permanent Resident Status. They then start digging through old boxes and reaching out to their parents, if they are still alive. As may be obvious, if you were not born here and arrived as a child, you don’t automatically become a U.S. Citizen based on the length of time you’ve lived in the U.S. However, you may in fact have obtained “Derivative Citizenship” based on the legal status of your parents before you turned 18 years of age. It is important to have an experienced immigration attorney review your history before you decide to file any application with USCIS as it may be denied and could cost you more in the long run.

At the very least you must first know the year you entered the U.S. and whether you entered as a Green Card holder (Lawful Permanent Resident), or in some other lawful manner (for example you entered with a parent on a tourist visa and they overstayed). Second, you must determine whether your parent (or parents) became a Naturalized Citizens before your 18th birthday (or whether one of them was a U.S. Citizen by birth). Third, you must determine whether you were in the physical custody of that U.S. Citizen parent during the time you were a minor before your 18th birthday and if you became a lawful permanent resident during that time. These are just some of the general pieces of information that you must have before you can determine whether you obtained Derivative Citizenship. There are other factors to consider, such as what year you turned 18. The reason why is because the law that will apply to your case is the law that was in effect when you were a minor, prior to reaching the age of 18. For example, if you turned 18 between 1952 and 1978, there are specific legal criteria that determine whether you are a Citizen through your parents. However, if you turned 18 between 1978 and 2001, a different set of laws and rules apply. There is a general chart that can even be viewed on the USCIS website to give people an idea of which law applies to them. https://www.uscis.gov/policy-manual/volume-12-part-h.

Once you determine that you may have acquired Derivative U.S. Citizenship, then comes the matter of gathering proof and deciding whether to seek a Certificate of Citizenship. Alternatively, you may consider whether you have sufficient proof to simply apply for a U.S. Passport which is less costly. If you are in fact a Derivative U.S. Citizen, you don’t actually need proof of it for your daily life, except to get a driver’s license renewed, social security information or to travel. The proof will just give you a sense of security, but you can’t be deported because you don’t have the proof. Your status is legal despite the lack of a government document. However, if you commit a crime and are arrested for a deportable offense, it is probably good to have that proof to save a big headache later on. If you think you are already a U.S. Citizen and need help obtaining proof, contact our experienced immigration lawyer in Pasco County for assistance.