Acquired Citizenship and Derivative Citizenship
Acquired Citizenship and Derivative Citizenship
Acquired Citizenship refers to citizenship granted to the children of a US Citizen who were born in a foreign country. Derivative Citizenship refers to the process of becoming a US Citizen if your parents become US Citizens, or if US Citizens become your parents through adoption.
Claiming US Citizenship for a Child Born Abroad
If you are a US Citizen whose child is born abroad, you should report your child’s birth to the nearest US Embassy. The US Embassy or US Consulate will issue a Consular Report of Birth Abroad (CRBA). The CRBA is similar to a birth certificate. It establishes citizenship through the parent(s) and makes obtaining a US Passport much easier. Be sure to make copies of the CRBA and keep it in a safe place. Your child will likely need this for a lifetime and copies can be difficult to obtain.
If you did not obtain a CRBA immediately after your child’s birth, you may generally apply for one provided that the child is still under the age of 18. Apply sooner rather than later.
Derivative Citizenship
Derivative Citizenship refers to the process of automatically becoming a US Citizen if your parents become US Citizens, or if US Citizens become your parents through adoption. Since derivative citizenship is automatic, one will not have proof of status unless they apply for a Certificate of Citizenship through USCIS.
The laws surrounding derivative citizenship are extremely complex and have undergone a great deal of change throughout the years. Therefore, it can be very difficult to determine whether someone has derived US Citizenship. The applicable laws are the ones that were in place in the year that the person was born.
The Immigrant Legal Resource Center (ILRC) has provided excellent reference charts to assist in this complicated area of Immigration Law. They may be viewed by clicking on the below links. Contact us for help in proving your US Citizenship.