Naturalized vs. Derived U.S. Citizen – What’s the Difference? 2024

Naturalized vs. Derived U.S. Citizen – What’s the Difference? 2024

There are various pathways to United States citizenship, giving individuals born outside the country options to obtain citizenship through different means, with two common ways to become a U.S. citizen being naturalization and derivation. While these pathways result in the same legal status of U.S. citizenship, the processes for obtaining a naturalized vs. derived U.S. citizen status are different.

Individuals who are looking to obtain U.S. citizenship can benefit from understanding the key differences between derived and naturalized U.S. citizenship and subsequent processes. By understanding the various requirements and legal steps involved, they can determine their eligibility and jumpstart process navigation.

Understanding Naturalized v. Derived U.S. Citizenship

Naturalized U.S. Citizenship

Individuals who become U.S. citizens through the formal legal process known as naturalization are known as naturalized U.S. citizens. Naturalization is a process that eligible foreign nationals can go through if they meet certain requirements, including being able to show proof of residency, good moral character, and knowledge of U.S. civics and English. They must also be green card holders for a certain period. Steps of naturalization include:

• Meeting eligibility requirements. In order to initiate naturalization, individuals must meet certain requirements, such as being at least 18 years of age, being able to demonstrate good moral character, successfully taking a U.S. history and government test and English test, and having a continuous physical presence in the country.
• Filing an application. Individuals who are eligible can file Form N-400, Application for Naturalization with U.S. Citizenship and Immigration Services (USCIS). This document has critical information about the applicant, including their employment and housing situation.
• Issuance of a background check. USCIS carries out a background check as part of the naturalization process, analyzing the applicant’s fingerprints against databases to make sure they do not have a disqualifying criminal record.
• In-person interview. The naturalization process involves an in-person interview with a USCIS official, where they are asked questions about their application. During this time, they will also need to take a test that assesses their knowledge of the U.S. government and history, as well as show that they are proficient in English.
• Oath of allegiance. If the application is ultimately accepted, the individual will be scheduled for a naturalization ceremony. During the ceremony, they will need to take the oath of allegiance to the United States. After taking this oath, they officially become a U.S. citizen.

Individuals who become citizens through naturalization hold the same rights and responsibilities as derived U.S. citizens, such as the right to run for public office, vote, and obtain a U.S. passport. However, they cannot run for the presidency. They can also petition for family members to live with them in the United States and enjoy the same legal protections as people who are granted U.S. citizenship by birth.

Derived U.S. Citizenship

A derived U.S. citizen is a person who automatically gets U.S. citizenship under certain circumstances through the naturalization of their parents. Unlike naturalized citizens, who must go through the entire naturalization process, derived citizens can automatically receive U.S. citizenship through their parent’s actions. Derived U.S. citizenship typically applies to people under the age of 18 and present in the U.S. when their parents naturalize.

To be eligible for derived citizenship, the individual will need to have at least one parent who became a naturalized U.S. citizen while they were still a minor. They will also need to hold Lawful Permanent Resident status at the time of naturalization. Finally, the child must be living in the physical and legal custody of the naturalized parent or parents at the time of their naturalization. It’s important to note that derived citizenship is automatically granted.

FAQs

Experienced New York Immigration Lawyer

For immigrants living in the United States, successfully completing the naturalization process is a significant milestone in any immigrant success story. The skilled immigration legal team at Pollack, Pollack, Isaac & DeCicco is proud to have a strong track record of helping countless individuals successfully naturalize and obtain their citizenship. Contact us today to get started discussing your case and exploring your options for pursuing U.S. citizenship.

About The Author

Conrad E. Pollack

Conrad E. Pollack is the Managing Partner and Director of Immigration at Pollack, Pollack, Isaac & DeCicco, LLP. He graduated Magna Cum Laude from New York University and earned his J.D. from Brooklyn Law School. With over three decades of experience in immigration law, Conrad has helped countless clients achieve their American Dream. Under his leadership, PPID has expanded significantly, opening new offices in Peekskill and Brooklyn, NY. He is a member of the American Immigration Lawyers Association and has been recognized for his professional excellence with numerous awards and distinctions. Education: Magna Cum Laude graduate from New York University; J.D. from Brooklyn Law School. Awards: Recipient of numerous professional excellence awards. Memberships: Active member of the American Immigration Lawyers Association.

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