Derivative and Acquired Citizenship: How Congruence Law, P.C. Helps Children of U.S. Citizens Secure Their Right to Citizenship

Many individuals may be U.S. citizens without even realizing it. For children of U.S. citizens—whether born abroad or naturalized while young—derivative or acquired citizenship may apply. These laws grant automatic U.S. citizenship under specific conditions, eliminating the need to naturalize. At Congruence Law, P.C., we help families determine eligibility, gather documentation, and file for proof of citizenship or U.S. passports under these often misunderstood provisions.

Derivative citizenship occurs when a child automatically becomes a U.S. citizen because at least one parent naturalized while the child was under 18 and living in the U.S. as a lawful permanent resident.

Acquired citizenship applies when a child is born abroad to a U.S. citizen parent and meets certain physical presence or transmission requirements at the time of birth.

Eligibility for these types of citizenship depends on:

• The child’s age when the parent(s) became U.S. citizens;

• The child’s immigration status (usually lawful permanent resident);

• Whether the child resided in the U.S. in the legal and physical custody of the U.S. citizen parent;

• For acquired citizenship, whether the U.S. citizen parent met physical presence requirements in the U.S. prior to the child’s birth;

• The relevant law in effect at the time of the child’s birth or the parent’s naturalization, since derivative and acquired citizenship laws have changed over time.

At Congruence Law, P.C., we begin with a detailed analysis of the child’s birth history, parental citizenship status, and immigration records. We identify the applicable legal standard based on the timeline and determine whether the child qualifies under the Child Citizenship Act of 2000, older INA provisions, or specific sections of U.S. nationality law.

We assist clients in filing Form N-600, Application for Certificate of Citizenship, with U.S. Citizenship and Immigration Services (USCIS), or in some cases, pursuing proof of citizenship through a U.S. passport applicationwith the Department of State. Our filings are supported with comprehensive documentation, including birth records, parents’ naturalization certificates, marriage or custody orders, prior immigration filings, and lawful permanent resident documentation.

These cases are often delayed or denied due to:

• Gaps in the documentation showing lawful permanent residence;

• Unclear or missing records of the parent’s naturalization;

• Uncertainty about custody or residence at the relevant time;

• Misunderstanding which version of the law applies.

We help families navigate these issues by assembling a complete and clearly organized record, preparing legal memoranda when necessary to explain complex family histories, and responding to requests for evidence (RFEs) or denials where additional clarification is needed.

In some cases, individuals who are already adults discover later in life that they may have acquired citizenship through a parent. In these cases, we help clients establish their citizenship retroactively and pursue certificates or U.S. passports to document their status formally.

For children of U.S. citizens—whether born abroad, adopted, or living in the U.S.—derivative and acquired citizenship can offer security, access to public benefits, and peace of mind. At Congruence Law, P.C., we help ensure that lawful citizenship status is recognized and documented fully under the law.

If you believe you or your child may qualify for U.S. citizenship through a parent, contact us at immigration@congruence.com to request a consultation. We are here to help you confirm and claim the citizenship that is rightfully yours.