Children of Refugees Legally Qualifying for Citizenship Through Derivation


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:

  1. The child holds a green card (legal permanent residence).
  2. The child is under 18 years old and unmarried.
  3. The child lives in the U.S. in the physical and legal custody of at least one U.S. citizen parent.
  4. Only one parent needs to be a U.S. citizen for the child to derive citizenship.
  5. The child can derive citizenship whether they arrived before or after the parent.
  6. 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.

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