Best Lawyers in America - Law Offices of Carl Shusterman Immigration Lawyers - Law Offices of Carl Shusterman - US Immigration

DERIVATIVE CITIZENSHIP
OF CHILDREN


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Law Offices of Carl Shusterman
600 Wilshire Boulevard, Suite 1550, Los Angeles, CA 90017
(213) 623-4592 x0
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Over 100 Years of Immigration Law Experience
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Nationality Chart # 3



A child may derive U.S. citizenship during the below listed historical periods if such child was under the statutory age AND a) the child was lawfully admitted for permanent residence AND b) the parent(s) naturalized. It does not matter in which order the actions occurred.  
Period in which last action took place.   Child became a LPR before the statutory age of:   Naturalization of parent(s) prior to the statutory age of the child.   Remarks  
Prior to 5/24/34   21 years   Either parent   NONE  
On/after 5/24/34 & prior to 1/13/41   21 years   Either parent   U.S. citizenship effective 5 years from date child became a LPR.**  
    Both parents*   NONE  
On/after 1/13/41 & prior to 12/24/52   18 years   Both parents*   Child born out of wedlock derived on 12/14/52 if under the age of 16 and had remained an LPR.  
On/after 12/24/52 & prior to 10/5/78   18 years   Both parents*   Child unmarried  
On/after 10/5/78 & prior to 2/27/01   18 years   Both parents*   Child unmarried Includes child adopted before age 16 who must be residing with the adoptive parent(s) at time of their naturalization.  
On/after 2/27/01   18 years   One parent by birth or naturalization.   Child is residing in the U.S. in the legal and physical custody of the USC parent. Applies to an adopted child of a USC; must meet §101(b)(1) INA adopted child requirements.  

The definition of both parents includes:
a. The surviving parent should one die, OR
b. The parent having legal custody where there has been a legal separation or divorce, OR
c. The alien parent who naturalizes when the other parent is already a USC, OR
d. The mother of a child born out of wedlock, as long as the child has not been legitimated.

Exceptions: child born on/after 1/13/41 and prior to 12/24/52 AND on/after 2/27/01.

** Child relieved of the remainder of the 5-year wait if the naturalized parent comes to meet definition of ‘both parents’ .

§101(c) As used in title III-
(1) The term "child" means an unmarried person under twenty-one years of age and includes a child legitimated under the law of the child's residence or domicile, or under the law of the father's residence or domicile, whether in the United States or elsewhere, and, except as otherwise provided in sections 320, and 321 of title III, a child adopted in the United States, if such legitimation or adoption takes place before the child reaches the age of 16 years (except to the extent that the child is described in subparagraph (E)(ii) or (F)(ii) of subsection (b)(1)), and the child is in the legal custody of the legitimating or adopting parent or parents at the time of such legitimation or adoption.