Naturalization

If, as an adult, you were naturalized as a U.S. citizen, you will obviously be aware of your citizenship status. But, if your parents were naturalized when you were a child, you may have "derived citizenship" (the legal term) without knowing it. In addition, the most recent law allows children to derive citizenship from their parents even if the parents got their citizenship by some means other than naturalization (such as by birth in the United States). Deriving citizenship through one's parents is discussed next.

Naturalization of Parents

When a parent naturalizes, his or her children may become U.S. citizens automatically, provided they have green cards and are under age 18 and living with the parent at the time. Becoming a U.S. citizen in this way has a special benefit: a child who gets U.S. citizenship through the naturalization of either or both parents does not have to participate in a naturalization ceremony.

The laws on automatic naturalization of children have varied over the years. Whether or not you achieved U.S. citizenship is determined by the laws that existed when your parent's naturalization took place.

1. Parents Naturalized Before May 24, 1934

If either parent naturalized before your 21st birthday and you held a green card at the time, you automatically derived U.S. citizenship. This applied to children born outside of marriage, though if your U.S. citizen parent was your father, he must have legally legitimated you. Adopted children did not qualify.

2. Parents Naturalized From May 24, 1934 to January 12, 1941

If both parents naturalized before your 21st birthday and you held a green card at the time, you automatically derived U.S. citizenship. This applied to children born outside of marriage if the father legally legitimated them. Adopted children did not qualify.

If only one parent naturalized before your 21st birthday, you derived U.S. citizenship automatically if you held a green card for at least five years. The five years could have occurred before or after your parent naturalized. For example, if at the time your parent naturalized you had held a green card for only three years, you automatically became a U.S. citizen whenever you accumulated the five-year total.

3. Parents Naturalized From January 13, 1941 to December 23, 1952

You derived U.S. citizenship if both parents naturalized before your 18th birthday and you held a green card at the time. If your parents were legally separated, you derived citizenship when the parent having legal custody naturalized. At this time, the law did not permit children born outside of marriage or adopted children to derive citizenship.

4. Parents Naturalized From December 24, 1952 to October 4, 1978

You derived U.S. citizenship if you were under the age of 16, unmarried, and holding a green card at the time both parents naturalized. This applied to children born outside of marriage if the father legally legitimated them. Adopted children did not qualify.

5. Parents Naturalized October 5, 1978 to February 26, 2001

You derived U.S. citizenship if one of your parents was a U.S. citizen when you were born and never ceased to be a citizen, and your other parent naturalized before your 18th birthday. You must have been unmarried and lawfully admitted as a permanent resident at the time of your parent's naturalization. This law applies to all children, including those who are born outside of marriage and adopted. However, adopted children born before December 29, 1981 or after November 14, 1986 obtain U.S. citizenship only if the adoption occurred before their 16th birthday.

6. Parents Naturalized February 27, 2001 to Present

You derive U.S. citizenship if and when all of the following three things become true: (1) one of your parents was born in the United States or has become a naturalized citizen, (2) you are under the age of 18, and (3) you have a green card (lawful permanent residence) and are living in the legal and physical custody of your U.S. citizen parent. This law applies to both natural and adopted children. This law also applies to you if your parent naturalized before February 27, 2001 but you were under age 18 and satisfied the green card and residency requirement at the time.