A Ninth Circuit court ruling found U.S. residents not granted legal permanent residency prior to turning 18 can still qualify for citizenship through naturalized parents. Previously, courts found children must be under 18 to apply for citizenship through naturalized parents. A since-repealed U.S. law stated citizenship doesn’t require a child be granted legal permanent residency prior to turning 18.

There are two options for a child of naturalized citizen parents to get U.S. citizenship, referred to as derivative citizenship.

  • children who have permanent resident status when their parents are naturalized and
  • children who begin to reside permanently in the U.S. while under the age of 18.

A 2008 precedent in the Ninth Circuit interpreted the statute to mean both pathways require the child to have legal permanent resident status.

The panel asked the full court to reexamine the 2008 case as it is phrased too broadly and may lead to an incorrect outcome when applied to other cases.

The court reviewed the 2008 case and found the phrase “begin to reside permanently in the U.S.” doesn’t require that the child had been granted legal permanent residency. However, they “must have demonstrated an objective official manifestation of permanent residence.”

Per the court, Congress’ intention was not to require. legal permanent residency status for the second pathway to derivative citizenship. The use of two different terms in the statute’s two pathways did not intend “reside permanently” to mean “lawful admission for permanent residence.”

We continue to monitor immigration law on all fronts. If you have questions about legal permanent residency or any other immigration-related topic, contact us at ILBSG. We work with you to make sure you Get The Right AdviceR.

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