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Derivative Citizenship:
Some people, who live both in the US and those living outside the country may already be a US citizen and not be aware of it.
This is because they may have acquired or "derived" U.S. citizenship through their parents or grandparents, even if they were adopted as a child.
A child born outside the US is a citizen at birth under the following ways:
I) Both parents are US citizens when the child is born and at least one of the parents had resided in the US for the requisite period of time prior to the child's birth.
or
II) For children born after November 14, 1986, the child automatically acquires US citizenship at birth if the child has one parent who was a citizen at the time of the birth of the child, and if, prior to the child's birth, the citizen parent had been physically present in the US for a total of at least five years, at least two years of which took place after his or her 14th birthday.
or
III) For children born on or before November 14, 1986, the parent must have been present in the USA for at least 10 years, at least five of which took place after turning 14.
or
IV) A child born outside the US automatically becomes a citizen when all of the following conditions have been fulfilled:
1) At least one parent of the child is a US citizen, whether by birth or through naturalization;
2) The child is under the age of 18 years; and
3) The child is residing in the US in the legal and physical custody of the citizen parent after being admitted to the US as a lawful permanent resident
Or
V) A child born outside the US can qualify for a certificate of citizenship if all of the following conditions apply:
1) At least one parent is a US citizen, whether by birth or naturalization;
2) The citizen parent or a citizen parent of the parent has been physically present in the US for a total of at least five years, at least two years of which occurred after the parent turned 14 years of age;
3) The child is under the age of 18;
4) The child is residing outside the US in the legal and physical custody of the citizen parent, is temporarily present in the US pursuant to a lawful admission, and is maintaining such lawful status; and
5) The child takes the Oath of Allegiance, unless the oath is waived.
Additionally certain adopted children may also be US citizens if, in addition to other requirements:
1) The child was adopted while under age 16 and has been in the legal custody of, and has resided with, their adopting parent(s) for at least two years, and certain natural siblings of these children;
2) Certain orphans who are under 16 when their adoptive parents file an I-600 petition to classify them as immediate relatives under section 201(b) of the INA and who are adopted by either a US citizen parent and spouse or an unmarried US citizen who is at least 25 years old, and certain natural siblings of these children; and
3) Certain children who are under 16 when their adoptive parents file an I-600 petition to classify them as immediate relatives, who are adopted in a nation that is a party to the 1993 Hague Convention on international adoptions, or who are emigrating to the US from a Hague Convention nation to be adopted, by either a US citizen and spouse or an unmarried US citizen who is at least 25 years old.
Some people, who live both in the US and those living outside the country may already be a US citizen and not be aware of it.
This is because they may have acquired or "derived" U.S. citizenship through their parents or grandparents, even if they were adopted as a child.
A child born outside the US is a citizen at birth under the following ways:
I) Both parents are US citizens when the child is born and at least one of the parents had resided in the US for the requisite period of time prior to the child's birth.
or
II) For children born after November 14, 1986, the child automatically acquires US citizenship at birth if the child has one parent who was a citizen at the time of the birth of the child, and if, prior to the child's birth, the citizen parent had been physically present in the US for a total of at least five years, at least two years of which took place after his or her 14th birthday.
or
III) For children born on or before November 14, 1986, the parent must have been present in the USA for at least 10 years, at least five of which took place after turning 14.
or
IV) A child born outside the US automatically becomes a citizen when all of the following conditions have been fulfilled:
1) At least one parent of the child is a US citizen, whether by birth or through naturalization;
2) The child is under the age of 18 years; and
3) The child is residing in the US in the legal and physical custody of the citizen parent after being admitted to the US as a lawful permanent resident
Or
V) A child born outside the US can qualify for a certificate of citizenship if all of the following conditions apply:
1) At least one parent is a US citizen, whether by birth or naturalization;
2) The citizen parent or a citizen parent of the parent has been physically present in the US for a total of at least five years, at least two years of which occurred after the parent turned 14 years of age;
3) The child is under the age of 18;
4) The child is residing outside the US in the legal and physical custody of the citizen parent, is temporarily present in the US pursuant to a lawful admission, and is maintaining such lawful status; and
5) The child takes the Oath of Allegiance, unless the oath is waived.
Additionally certain adopted children may also be US citizens if, in addition to other requirements:
1) The child was adopted while under age 16 and has been in the legal custody of, and has resided with, their adopting parent(s) for at least two years, and certain natural siblings of these children;
2) Certain orphans who are under 16 when their adoptive parents file an I-600 petition to classify them as immediate relatives under section 201(b) of the INA and who are adopted by either a US citizen parent and spouse or an unmarried US citizen who is at least 25 years old, and certain natural siblings of these children; and
3) Certain children who are under 16 when their adoptive parents file an I-600 petition to classify them as immediate relatives, who are adopted in a nation that is a party to the 1993 Hague Convention on international adoptions, or who are emigrating to the US from a Hague Convention nation to be adopted, by either a US citizen and spouse or an unmarried US citizen who is at least 25 years old.