Houston Citizenship and Naturalization Lawyer

In Texas, the process for obtaining derivative citizenship to become a naturalized person can vary based on many factors, including the child’s age, the parents’ immigration status, and whether or not the child is living in the United States. Knowing when to apply for derivative citizenship is tricky, and you should have a certified attorney to help you. The immigration attorneys at Monty & Ramirez have represented many children, parents, and families in derivative citizenship-based naturalization cases in most of Houston, Dallas, and Fort Worth, Texas. We are here to help you, so call our dedicated immigration attorneys to get started.

Naturalization and Derivative Citizenship Applications

For a person to become a naturalized United States citizen, he or she needs to be a minimum of 18 years of age. This means that when a family lives legally and permanently in the United States, children under the age of 18 cannot complete a formal application to become naturalized citizens in the same way that their parents would. However, this does not mean that a child under the age of 18 cannot become a naturalized citizen of the United States.

On the contrary, it means that a child could be derived from their parents at the time when they are naturalized. Under the Child Citizenship Act of 2000 (CCA), a child generally does not even need to submit a derived citizenship application; instead, they will automatically become a citizen at the time their parents are naturalized, as long as certain criteria are present.

Children Need a Legal Permanent Resident Credential (Green Card)

For a child under the age of 18 to automatically become a United States citizen based on the naturalization of their parents, at least one of their parents needs to be a citizen of the United States either by naturalization or birth. The child also needs to be living in the United States, have a Legal Permanent Resident Credential (Green Card), and be in the legal physical custody of the parent who is a citizen of the United States.

If these three requirements are complete, the child can derive citizenship through his parents. Both of them; biological and adopted children can automatically become citizens of the United States under these circumstances. However, if the child is over the age of 18, then a separate application must be completed and submitted in order for the child to become a naturalized citizen of the United States.

What if You Are Already Over 18?

The good news is that if you have been living with a parent who is a U.S. citizen in the United States and have your green card, you can apply for a Certificate of Citizenship, even if your parents did not get one for you. The main qualifying factors for citizenship include:

• You are a lawful permanent resident (green card holder) for at least five years
• You are married to a U.S. citizen and an LPR for three years
• You are a child of a U.S. citizen
• You are a U.S. military service member

If you did not meet the qualifications to become a derivative citizen before you reached 18, you can still become a U.S. citizen via the regular naturalization process. You must be at least 18 years of age (you are), able to read, write, and speak English, and “of good moral character.” 

Navigating the Process

Along with the application (Form N-400), you must submit documents proving who you are and that you have lived in the U.S. for at least five years. If you are 18, you may need to supply your school records. Other documents can include your green card, driver’s license or state ID, your Selective Service registration, and court documents, if any. Your Houston attorney can explain what exactly you will need to include for your citizenship application.

You will need to take a biometrics exam and then interview with a USCIS agent. You may also need to take the naturalization English and Civics test. The Civics test was recently upgraded, so you should plan on studying for this, even if you had Civics in high school. After that, there is a wait of up to 16 months to hear if your application was accepted.

Things to Avoid During the Naturalization Process

While you are going through naturalization, you can take some steps to keep the process moving smoothly. One is by meeting all the deadlines and appointments. Never miss a court date or a hearing. Get all your paperwork in on time. If you have any questions at all, talk to a citizenship and naturalization lawyer in Houston. You should contact an immigration attorney if you have any questions or think you may have problems with your application, including:

• Making sure your application form is completed properly:  An attorney can help ensure your Form N-500 contains all the requested supporting documents
• Meeting the continuous residency requirements: If you were out of the country for extended periods, even if you were a child and it was not your fault, it could impact your eligibility
• Leading with honesty: “Good moral character” means being truthful about past criminal issues or gang involvement; it is easier to explain those than to explain away a lie
• Practicing for the tests: Unfortunately, recent changes in the naturalization tests make them difficult to pass

If you are 18 and your parents took you out of the country for two years, or if you joined a gang in high school because all your friends did, you need an attorney before you apply for naturalization. The process is not complicated, but the stakes are high. The attorneys at Monty & Ramirez are here to help you get through the procedure. 

Get Legal Help from a Houston Citizenship and Naturalization Lawyer

The immigration process can be confusing, and many legal requirements must be completed to become a naturalized citizen. At Monty & Ramirez, we are here to help you. A Houston citizenship and naturalization lawyer from our team has assisted many individuals and families in Greater Houston, Dallas, and Fort Worth with the naturalization process to become citizens of the United States. Let us use our legal knowledge so that you can complete all the steps necessary for you to go ahead and immigrate to the United States. Call us or contact us online today to get started. At Monty & Ramirez, we know what works.®