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Derivative citizenship means that someone can become a naturalized citizen of the United States because their parents became citizens. In some cases, derivative citizenship is granted to foreign born children who are adopted by parents who are citizens of the United States.

In Texas, the process for obtaining derivative citizenship to become a naturalized person can vary based on many factors including the child’s age, the parents’ immigration status, and whether or not the child is living in the United States. Knowing when to apply for derivative citizenship is tricky and you should have a certified attorney to help you. Monty & Ramirez attorneys have represented many children, parents, and families in derivative citizenship-based naturalization cases in most of Houston, Dallas, and Forth Worth, Texas. We are here to help you so call us to get started.

Naturalization and Derivative Citizenship Applications for Most of Houston

In order for a person to become a naturalized United States, he or she needs to be a minimum of 18 years of age. This means that when a family lives legally and permanently in the United States, children under the age of 18 cannot complete a formal application to become naturalized citizens in the same way that their parents would. However, this does not mean that a child under the age of 18 cannot become a naturalized citizen of the United States. On the contrary, it means that a child could be derived from their parents at the time when they are naturalized. Under the Child Citizenship Act of 2000 (CCA), a child generally does not even need to submit a derived citizenship application, instead, they will automatically become a citizen at the time their parents are naturalized, as long as present certain criteria. For a child under the age of 18 to automatically become a United States citizen based on the naturalization of their parents:

  • The child needs to have a Legal Permanent Resident Credential (Green Card)
  • At least one of your parents needs to be a citizen of the United States either by naturalization or birth.
  • The child needs to be living in the United States and the child needs to be in the legal physical custody of the parent who is a citizen of the United States.

If these three requirements are complete, the child can derive citizenship through his parents. Both of them; biological and adopted children can automatically become citizens of the United States under these circumstances. However, if the child is over the age of 18, then a separate application must be completed and submitted in order for the child to become a naturalized citizen of the United States.

Get Legal Help

The immigration process can be confusing and there are many legal requirements that must be completed to become a naturalized citizen. At Monty & Ramirez, we are here to help you. Our Immigration attorneys in Greater Houston, Dallas and Forth Worth, Texas have assisted many individuals and families with the naturalization process to become citizens of the United States. Let us use our legal knowledge so that you can complete all the steps necessary for you to go ahead and immigrate to the United States. Call or contact us online today to get started. At Monty & Ramirez, we know what works.®

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