If you want to obtain U.S. citizenship, there are many different ways you can go about doing this, depending on your unique situation. Every immigration situation is very different, and some pathways to citizenship may be better options than others for your goals. However, all of these different pathways have different eligibility requirements as well as application processes. Here is everything you need to know about the difference between naturalized and derived citizenship.
Naturalized Vs. Derived Citizen
Because there are several ways you can become a U.S. citizen, it can be overwhelming to understand how this applies to your situation and what your options are. Two popular options are naturalized and derived citizenship but you will need to understand the difference between these options since they include very different processes.
Derived citizenship is when you can automatically gain citizenship to the United States through the naturalization of your parents. Derived citizenship can also apply in situations where you are adopted by parents who are U.S. citizens. Ultimately, a derived citizen is someone who can become a U.S. citizen automatically because of their parents, not through their own application.
On the other hand, the process of becoming a naturalized citizen is very different since this is somebody who has to go through the application process. Naturalization is for individuals who were not born in the United States and do not have U.S. citizen parents or don’t meet the derived citizen requirements. Because of this, understanding if you are a naturalized or derived citizen is usually quite straightforward.
Applying For Naturalized Citizenship
Now that you know what naturalized or derived citizenship means, you should understand the application process for both options. When comparing the two, naturalization is significantly more difficult since there are more eligibility requirements when you are applying for naturalization to the United States.
To qualify for naturalized citizenship, you have to be at least 18 years old, have been a green card holder for at least five years and have continuously resided in the U.S. for at least five years. You also need to be physically present in the U.S. for at least 30 months out of those five years. Those applying for naturalization also have to demonstrate good moral character during their time in the United States.
Now that you know whether or not you are eligible to become a naturalized citizen, here is the application process:
- Submit form N-400: Form N-400 is the application for naturalization that you will need to fill out, and you will also need to include the necessary documents. These documents include things like travel records, tax returns, and anything that provides proof that you meet the eligibility requirements. You will need to submit your application package to the USCIS as well as pay the filing fee.
- Biometrics appointment: After your application has been received by the USCIS, a biometrics appointment is usually scheduled. Your fingerprints will be taken during the appointment so that your background can be accessed for a full security check.
- Interview and decision: Another part of the naturalization application process is attending an interview scheduled by the USCIS, where your application will be reviewed, you will take an English test, and you will take a U.S. civics test. The interview is just as important as your written application and will influence whether or not you are approved. If approved, the USCIS will schedule you for your naturalization ceremony.
- Oath of allegiance: The final step of becoming a naturalized citizen is attending your naturalization ceremony and taking the oath of allegiance. You also receive your certificate of naturalization proving that you are an official U.S. citizen.
Before beginning the process of naturalization, it is critical that you hire an immigration attorney to assist you. As straightforward as naturalization may seem, there are many issues you could run into regarding your application, the documents you provided, or the interview. An attorney can help you prepare everything correctly, ensuring you have provided the necessary evidence proving that you meet the eligibility requirements.
Applying For Derived Citizenship
The difference between naturalized and derived citizens will have a significant impact on which category you fall into. Even though derived citizenship is quite straightforward, there are some eligibility requirements you need to be aware of to ensure you qualify.
To qualify for derived citizenship, at least one of the parents has to be a U.S. citizen through birth or naturalization. The child also has to be under the age of 18 and must be a legally recognized child of a U.S. citizen. They must also be in the legal and physical custody of their parents.
The U.S. citizen parent must have also lived in the U.S. or its territories for a minimum of five years, with two of those years being after they were 14 years old. There are some exceptions to this, such as if the child can gain derived citizenship through a U.S. citizen grandparent.
Here are the steps you need to take to obtain derived citizenship for your child:
- File the correct form: If your child is residing in the U.S., you will need to fill out form N-600, and if your child is residing outside of the U.S., you need to fill out form N-600K. When you fill out the correct form, you also need to provide documents such as proof of your U.S. citizenship. Once completed, submit your application to the USCIS and pay the filing fee.
- Attend the interview: The second part of the application process for derived citizenship is attending an interview, which may not be necessary for every situation. If it is required, an interview will be scheduled where you will go over the details of your child’s application.
- Receive a decision: You will be alerted if your child’s application is approved or rejected by the USCIS. If it is approved, your child will get an official certificate of citizenship.
Hire an Immigration Attorney Today
Are you ready to apply to become a naturalized or derived citizen? Contact us today at U.S. Immigration Law Counsel at 800-666-4996 to speak with an immigration attorney about your situation. We will deal with the government, so you don’t have to!
