Nationality Chart 3 - Immigration Attorney
Nationality Chart 3
Derivative Citizenship of Children
A child may derive U.S. citizenship during the below listed historical periods if such child was under the statutory age, AND the child was lawfully admitted for permanent residence, AND the parent(s) naturalized. It does not matter in which order the actions occurred.
PERIOD IN WHICH CHILD BECAME AN NATURALIZATION OF
LAST ACTION
LPR BEFORE
PARENT(S) PRIOR TO
TOOK PLACE STATUTORY AGE OF: CHILD'S STATUTORY AGE
ADDITIONAL REMARKS
Prior To May 24, 1934
On or After May 24, 1934
and Prior To Jan. 13, 1941 On or After May 24, 1934
and Prior To Jan. 13, 1941 On or After Jan. 13, 1941
and Prior To Dec. 24, 1952 On or After Dec. 24, 1952
and Prior To Oct. 5, 1978 On or After Oct. 5, 1978
and Prior To Feb. 27, 2001
Age 21 Age 21 Age 21 Age 18 Age 18 Age 18
At least one parent naturalized
None
At least one parent naturalized
U.S. citizenship effective 5 years from date child becomes an LPR **
Both parents* naturalized
Both parents* naturalized
Both parents* naturalized
Both parents* naturalized
None
Child born out of wedlock derived on 12/14/52 if under age 16 and had remained an LPR
Child unmarried
Child unmarried (includes child adopted before age 16 who is residing with adoptive parent(s) at time of their naturalization
On or After Feb. 27, 2001
Age 18
At least one parent is a USC by birth or naturalization
Child resides in U.S. in legal and physical custody of USC parent (includes adopted child of USC ; must meet INA 101(b)(1) requirements for adopted children)
Notes
* The definition of "both parents" includes the:
? Surviving parent should one die; or ? Parent having legal custody where there has been a legal separation or divorce; or ? Alien parent who naturalizes when the other parent is already a USC; or ? Mother of a child born out of wedlock (as long as the child has not been legitimated).
Exceptions: child born on or after 1/13/41 and prior to 12/24/52; and child born on or 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."
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