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  • Question regarding deriving citizenship through parents

    Hi,

    I am a US citizen by birth. I have a son which is currently over 18 (born 1991) and he couldn't acquire citizenship (was born abroad - we were living at first abroad) by birth as at that time I didn't have enough years in the US after 14. However when he was a kid we moved back to the US and lived in the US for several years and he had a green card. At some point we left the US and never returned back.

    Recently I read the following on the nolo.com website:

    "Or let’s say you are over 18 years old now, but you don’t have a green card and you are currently living abroad with your U.S. citizen mother. If you had your green card and resided in the U.S. with your mom when you were a child, but have since lived in a foreign country for many years, you might think that you lost your permanent residence. However, in this case, you have already derived U.S. citizenship based on your prior time in the U.S. and you can apply for a Certificate of Naturalization from U.S. Citizenship and Naturalization Services (USCIS) as proof of your status."

    If this is true and this sounds like my son's case then can he derive citizenship based on the fact that at a point of time in his past prior to his 18th birthday he was in the US with a green card with me as a parent (US citizen)?

    Thanks.
    Last edited by thehulk123; 05-25-2016, 05:11 PM.

  • #2
    Yes, he may have already derived US citizenship but the rules are very specific and it depends on the dates; the immigration/citizenship status of both him and his parents; as well as the marital status of his parents. You need to review Chart C:

    These three charts, updated on July 19, 2022, outline the different requirements for acquiring and deriving citizenship. Because the law governing acquisition and derivation has changed many times and is generally not retroactive, these charts detail what the eligibility requirements are depending on the time period in question. Each chart has extensive footnotes that provide explanations about the legal requirements, possible arguments where there is any ambiguity, and cites to further resources.


    CHART C: DERIVATIVE CITIZENSHIP -- LAWFUL PERMANENT RESIDENT
    CHILDREN GAINING CITIZENSHIP THROUGH PARENTS’ CITIZENSHIP

    This chart will clearly list all the requirements.

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