Derivative Citizenship

Chicago Derivative Citizenship Lawyers

A child may derive U.S. citizenship during the below listed historical periods if such child was under the statutory age AND a) the child was lawfully admitted for permanent residence AND b) the parent(s) naturalized. It does not matter in which order the actions occurred.

Period in which last action took place.	Child became a LPR before the statutory age of:	Naturalization of parent(s) prior to the statutory age of the child.	Remarks
Prior to 5/24/34	21 years	Either parent	NONE
On/after 5/24/34 & prior to 1/13/41	21 years	Either parent	U.S. citizenship effective 5 years from date child became a LPR.**
		Both parents*	NONE
On/after 1/13/41 & prior to 12/24/52	18 years	Both parents*	Child born out of wedlock derived on 12/14/52 if under the age of 16 and had remained an LPR.
On/after 12/24/52 & prior to 10/5/78	18 years	Both parents*	Child unmarried
On/after 10/5/78 & prior to 2/27/01	18 years	Both parents*	Child unmarried Includes child adopted before age 16 who must be residing with the adoptive parent(s) at time of their naturalization.
On/after 2/27/01	18 years	One parent by birth or naturalization.	Child is residing in the U.S. in the legal and physical custody of the USC parent. Applies to an adopted child of a USC; must meet §101(b)(1) INA adopted child requirements.

* The definition of both parents includes:

The surviving parent should one die, OR
The parent having legal custody where there has been a legal separation or divorce, OR
The alien parent who naturalizes when the other parent is already a USC, OR
The mother of a child born out of wedlock, as long as the child has not been legitimated.

Exceptions: child born on/after 1/13/41 and prior to 12/24/52 AND on/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' .

§101(c) As used in title III-

(1) The term "child" means an unmarried person under twenty-one years of age and includes a child legitimated under the law of the child's residence or domicile, or under the law of the father's residence or domicile, whether in the United States or elsewhere, and, except as otherwise provided in sections 320, and 321 of title III, a child adopted in the United States, if such legitimation or adoption takes place before the child reaches the age of 16 years (except to the extent that the child is described in subparagraph (E)(ii) or (F)(ii) of subsection (b)(1)), and the child is in the legal custody of the legitimating or adopting parent or parents at the time of such legitimation or adoption.

General Law
Consult with one of Katz Law Office attorneys for your general law needs.

Family Law
Katz Law Office can provide you with compassionate legal guidance in any type of family law case.

Mexico City:
Edificio Corporativo Polanco
Francisco Petrarca No. 133
Oficina No. 1004
Colonia Polanco
Mexico, Distrito Federal, C.P. 11570
Phone: +52 (55) 5250-6441
Fax: +52 (55) 5531-3752
LLAMADA LOCAL
Directions

Chicago, IL:
2408 West Cermak Road
Chicago, IL 60608
Phone: (773) 847-8982
Fax: (773) 847-8985
Email | Directions

4105 West 26th Street
Chicago, IL 60623
Phone: (773) 321-6651
Fax: (773) 321-6708
Email | Directions

3157 North California
Chicago, IL 60618
Phone: (773) 539-8700
Fax: (773) 539-8722
Email | Directions

450 N. Green Bay Rd.
Waukegan, IL 60085
Phone: (847) 336-9190
Fax: (847) 336-9180
Email | Directions

With offices located in Chicago, Illinois, Katz Law Office, Ltd. provides legal advice and representation for residents of communities throughout Illinois and the United States. We also provide legal representation for residents of communities throughout Mexico and Central America, including the cities of Michoacán, Guanajuato, San Miguel de Allende, Morelos, Cuernavaca, Toluca, Aguascalientes, and Queretaro Puebla, Distrito Federal and Estado de Mexico, Avondale and Logan Square.