Refugees Becoming Legal Permanent Residents and Citizens
- A refugee who arrives in the U.S. can apply for legal permanent resident (LPR) status (a green card) after one year of physical presence in the U.S.
- Refugees may apply for U.S. citizenship through naturalization after they have been LPRs for at least five years.
- Naturalization requires submitting Form N-400 and passing civics and English language tests.
- Once naturalized, refugees are protected from deportation and can sponsor family members for immigration.
Citizenship Derivation for Refugee Children
- Refugee children often derive U.S. citizenship automatically when their parent naturalizes — without needing to go through the full naturalization process themselves.
- To have proof of citizenship, children can apply for a Certificate of Citizenship by submitting Form N-600 to USCIS, although this is optional.
- There is no additional naturalization fee for the child; only the parent’s naturalization application fee applies. The Certificate of Citizenship application has its own fee.
Eligibility Criteria for Deriving Citizenship as a Refugee Child
A child can derive citizenship if all these conditions are met:
- The child holds a green card (legal permanent residence).
- The child is under 18 years old and unmarried.
- The child lives in the U.S. in the physical and legal custody of at least one U.S. citizen parent.
- Only one parent needs to be a U.S. citizen for the child to derive citizenship.
- The child can derive citizenship whether they arrived before or after the parent.
- Sometimes a child can become a citizen sooner than the parent if they came to the U.S. later.
Important Notes About Derivation of Citizenship
- Derivation is automatic if the conditions are met, even if the child or parent is unaware.
- A child or parent who once met the criteria may still be a U.S. citizen, even if circumstances have changed.
- The legal rules for derivation have changed over time, with the most recent update in February 2001. These may change again in the future.
- It is advisable to consult an immigration attorney before assuming citizenship through derivation.
Special Rule for Refugee Children Regarding Green Card Timing
- Refugees’ date of lawful permanent residence is backdated to the day they arrived in the U.S. as refugees.
- If a refugee child was under 18 on the date of permanent residence shown on their green card (which corresponds to their arrival date as a refugee), they may derive citizenship without needing to apply separately for a green card before turning 18.