How Can You Get U.S. Citizenship Through a Parent? (Derivation of Citizenship – INA § 320 and § 321)

Did you know that you might already be a U.S. citizen without even realizing it? If one or both of your parents are U.S. citizens, you may have gained citizenship automatically through them. This process is known as derivation of citizenship, and it’s covered under Sections 320 and 321 of the Immigration and Nationality Act (INA).

In this post, we’ll break down exactly what that means, who qualifies, and how to find out if you or your child already has U.S. citizenship. We’ll also explain the difference between automatic and acquired citizenship, and what you need to do to prove your status.

What Is Derivation of Citizenship?

Derivation of citizenship is when a child automatically becomes a U.S. citizen because their parent or parents are U.S. citizens—either by birth or naturalization.

There are two key laws that cover this:

• INA § 320 – applies to children born after February 27, 2001.
  
  
• INA § 321 – applies to children born before February 27, 2001.
  
  

Let’s take a closer look at each section.

INA § 320: Children Born After February 27, 2001

Under Section 320 of the INA, a child automatically becomes a U.S. citizen if all of the following conditions are met before their 18th birthday:

1. At least one parent is a U.S. citizen (by birth or naturalization).
   
   
2. The child is under 18 years old.
   
   
3. The child is a lawful permanent resident (green card holder).
   
   
4. The child lives in the U.S. in the legal and physical custody of the U.S. citizen parent.
   
   

If all of these are true, the child becomes a U.S. citizen automatically. There’s no need to apply for naturalization.

Example:

Maria was born in Mexico in 2010 and came to the U.S. in 2015 as a green card holder. Her mom became a U.S. citizen in 2018. Maria lives with her mom in Michigan. Because she met all the requirements before she turned 18, she automatically became a U.S. citizen under INA § 320.

INA § 321: Children Born Before February 27, 2001

For those born before February 27, 2001, INA § 321 may apply. The requirements are a bit different:

A child derives U.S. citizenship when all of the following are true before their 18th birthday:

1. Both parents become naturalized U.S. citizens; OR
   
   
2. One parent is naturalized, and the other parent is deceased; OR
   
   
3. One parent is naturalized, and that parent has legal and physical custody after a legal separation or divorce.
   
   

AND

• The child was a lawful permanent resident and unmarried before age 18.
  
  
• The child was living in the U.S. in the legal and physical custody of the parent(s) described above.
  
  

This section is a bit more complex and is based on older law. It’s important to look at the specific family situation and timing of events.

 

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Proving Citizenship Through a Parent

Even if you automatically gained U.S. citizenship through your parent(s), you won’t have a U.S. passport or Certificate of Citizenship unless you apply for one. So, the next step is proving it.

Here are your options:

1. Apply for a U.S. Passport

• Submit Form DS-11 at a passport agency.
  
  
• Include proof of your parent’s U.S. citizenship, your green card, and proof of custody/living situation.
  
  
• This is often the fastest and cheapest option.
  
  

2. Apply for a Certificate of Citizenship

• File Form N-600 with U.S. Citizenship and Immigration Services (USCIS).
  
  
• The fee is currently $1,170 (as of 2025), though fee waivers may be available.
  
  
• You’ll need to provide documents showing your parent’s citizenship, your green card, your birth certificate, and proof of residence with your parents.
  
  

This certificate is an official and permanent proof of your U.S. citizenship.

 

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Key Terms Explained

To fully understand derivation of citizenship, it helps to define a few legal terms:

• Lawful Permanent Resident (LPR): Someone who has a green card.
  
  
• Naturalization: The process of becoming a U.S. citizen after birth, usually by passing a test and meeting residency requirements.
  
  
• Physical Custody: The child lives with the parent.
  
  
• Legal Custody: The parent has the legal authority to make decisions about the child’s life. This may be based on a court order or divorce decree.
  
  

Common Questions About Derivative Citizenship

❓ Can I get citizenship through my grandparents?

No. Derivative citizenship only works through your parents. Grandparents can’t pass down citizenship directly unless your parent also became a citizen.

❓ Do I still need to apply for citizenship if I already qualify under INA § 320?

You don’t need to apply for citizenship again, but you do need proof—either a passport or a Certificate of Citizenship.

❓ What if I was adopted by a U.S. citizen?

Adopted children can derive U.S. citizenship if the adoption meets certain requirements and the child was under 18 at the time. This falls under the Child Citizenship Act of 2000, which ties into INA § 320.

Why Derivative Citizenship Matters

Being a U.S. citizen gives you powerful rights:

• The ability to vote.
  
  
• The right to live in the U.S. permanently.
  
  
• Protection from deportation.
  
  
• Access to federal jobs and benefits.
  
  
• The ability to sponsor family members for green cards.
  
  

If you qualify through a parent, you should claim your status as soon as possible.

Tips for Derivative U.S. Citizenship

• Gather your documents: birth certificates, green card, parent’s naturalization certificate, custody orders, etc.
  
  
• If you’re not sure whether you qualify under INA § 320 or § 321, speak to an immigration attorney.
  
  
• Keep in mind: each case is fact-specific. The timing of your parent’s citizenship and your age and residence matter a lot.
  
  

Need Help Proving Your Citizenship?

Understanding the law is just the first step. If you think you may be a U.S. citizen through a parent, but aren’t sure how to prove it, we can help you find the right path.

👉 Schedule a strategy session today to get clear answers and support:
https://sisulegal.com/pages/booking-immigration-law-windsor-troy

Let us help you secure your future as a U.S. citizen.