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Derivative Citizenship

The process of becoming a U.S. citizen can be difficult, long, and grueling. However, some may be surprised to learn that they are already U.S. citizens. Those that were or are children (under 18) of a foreign national that became naturalized may already be citizens under the rules of the Child Citizenship Act. That’s right, you may already be a U.S. citizen. If you meet one of the many qualifications for derivative citizenship, you must go through the process of showing proof of your citizenship by applying for a Certificate of Citizenship. This will allow you to obtain a passport as well as the many other benefits of U.S. citizenship. Though this process is much easier than the traditional path of becoming a citizen, it can still be a difficult path to trek alone. Understanding how/if your situation qualifies for the derivation of citizenship requires more than just looking at a derivative citizenship chart and making a determination. Your specific situation will be determined by when your parents became naturalized, how old you were, and what year it occurred. For those that turned 18 before 2001, you may find it a bit more difficult to obtain (but not impossible). Give the immigration attorneys at Florida Immigration Law Counsel a call to discuss the details of your case today. 

Who Qualifies For Derivative Citizenship?

You must meet a number of requirements to be eligible for derivative citizenship. Though you do not need to immediately satisfy all requirements on the derivative citizenship chart, there are quite a few that must be fulfilled. Learn more about the general qualifications for derivative citizenship under the Child Citizenship Act of 2000 below. 

  • You must be unmarried and under the age of 18
  • At least one of your parents must be a current U.S citizen
  • You must have a green card
  • Required to currently be in the U.S. and in the physical and legal custody of the parent that is a U.S. citizen

It is important to note that the aforementioned rules apply to those that are biological children of naturalized U.S. citizens. However, children that are adopted may still be eligible for the derivation of citizenship. Furthermore, if you are currently over 18, but your parents became citizens and you were in their custody while residing in the U.S. before you turned 18, you may have already obtained derivative citizenship and just need to prove it. 

How Derivative Citizenship is Different Than Acquisition of Citizenship

Any child that was not born in the U.S. but one or both of their parents are U.S. citizens may already be a citizen depending on the circumstances. If both parents are U.S. citizens, the child will be automatically granted citizenship. In some instances, there are residency requirements that must be met in order for the child to qualify for automatic acquisition of citizenship. In comparison, those that qualify for derivative citizenship are born to a parent or parent that was a foreign national and eventually became a U.S. citizen through naturalization. Since the laws have changed so much, it can be confusing to understand where your place is on the derivative citizenship chart. Give our attorneys a call to discuss the specifics of your situation. 

What is the Child Citizenship Act?

In 2000, the U.S. Congress passed the Child Citizenship Act (CCA). This piece of legislation makes it possible for foreign-born children of parents (that were naturalized before the child turned 18) to automatically become U.S. citizens as long as certain requirements are met. Those that would otherwise qualify but turned 18 before the CCA was passed, may still be eligible for derivative citizenship. However, there are other qualifications that they must meet. 

Showing Proof of American Citizenship

If you were born outside of the U.S., you must show proof of citizenship to qualify for derivative citizenship. The evidence that you need will depend on the law that was enacted when you were born and/or before you became 18. In many cases, you can obtain recognition of your citizenship by getting a Certificate of Citizenship (Form N-600) or a Consular Report of Birth Abroad (Form FS-240). Depending on the marriage status of your parents, showing proof of citizenship is not always easy. Working with a seasoned immigration attorney can help you to identify and obtain the evidence of citizenship that you need. 

Connecting With a Derivative Citizenship Attorney

You can certainly use a derivative citizenship chart on your own to learn what you need to do to obtain derivative citizenship status and/or if it applies to your situation. However, the laws have changed so much that it can be difficult for someone to gain an in-depth understanding of the immigration laws surrounding derivative citizenship by themselves. Connecting with an adept and experienced immigration attorney can help to make the process more clear. Give our attorneys at Florida Immigration Law Counsel a call to discuss the specifics of your case today. 

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Testimonials

Saman was referred to me 5 years ago by a family friend who had used her services and was happy with them. When I contacted her, even though she was not my attorney yet, she did not hesitate to talk to me about my case. Later, as my marriage-based case progressed and became more complicated, she was able to help us through each step successfully. Our case got approved thanks to her! Also, my parents were selected in the DV lottery but with the new immigration complications and the fact that my family comes from one of the countries on the banned list, we have been concerned. However, she has managed to help us through their case as well. We appreciate Saman’s knowledge of the system, her availability, and her patience. I feel comfortable texting her at any time to ask her questions when I don’t have the chance to call or write an email. She is on top of it and responds to all of my questions thoroughly and promptly. Would definitely recommend her! Even if you are not sure you need an attorney I would give her a call

- Arvin

Saman is very helpful, my case was a little complicated, Saman gave the consultants very efficient, thanks Saman!

- Matt

I really appreciate the help from Saman. Her professionalism and knowledge helped me to get my case approved. I also appreciate her patience throughout the whole process as well and make sure I understand her approach for my case. Would definitely recommend her!

- Anonymous

Having to request the services of an Immigration Lawyer is a daunting experience. Saman has the most reassuring attitude, which instantly put me at ease. She and her staff are diligent in planning the appropriate course of action and executing it without delay. She is approachable, warm, knowledgeable, direct and genuine. To me, she is the modern face of Immigration lawyers! If you are reading those reviews here, look no further. Contact her. She'll help you.

- Anonymous

Her professionalism is excellent. She helped us through with patience and respect. Everything went smoothly. An important ally in an overwhelming process.

- Angela

Saman was very professional and thorough, she prepared me well for my interview and everything went smoothly.

- Jimmy

I am extremely happy to have had Saman guide us through an immigration case. She was extremely helpful and dedicated to our case; and ultimately, delivered great results. Would definitely recommend!

- Andrea

My partner won the diversity visa lotery and We werent married at the time. My wife and I filled the forms and we made a mistake. Saman helped us to fix our mistake and updated our case with the US office. She was kind and efficient with us. Thank you for your help Saman!

- Silverio

Excellent service and staff. Always responded and answered all of my questions right away.

- Franchescoli

My experience with Saman & her office was exceptional. Alba, the paralegal in her office was always a call or email away. Efficient in their responses made me at ease throughout the process. I would definitely recommend them to anyone!

- Kristal Garia-Augier

There is no better feeling than to be taken step by step though the overwhelming process of becoming an American Citizen with flawless professionalism and expert knowledge. Saman does this with perfection. She is patient, honest, organized, fast and very experienced. There is no question in my mind that I could not have done this with out Mrs. Saman Movassaghi and her outstanding firm. Thank you for taking me every step of the way

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Saman did an excellent job of streamlining the process of acquiring my green card. She not only did so in a prompt and professional manner, but she was there to answer any questions that came up during the process. I would highly recommend her to anyone!

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I am very happy to know that I was approve for my green card today thanks to her, and I love the way how she work to help me she make time and talk to me about my case and when I text she would always text me back on time and I most admit I was a little annoying but she put up with me and she did all my paperwork the right way and now I am a happy man . And she also help me with my dui charge so I am grateful to have mrs saman as my attorney she is the best and I will introduce my friend to her . So she can help her and her husband

- Orlando Smith

Trying to understand immigration laws of USA is one of the biggest challenges I have faced. Saman make it to me and my wife so simple that we change a complete stress and complicated scenario to a 1,2,3 process. I would highly recommend to anybody in need of immigration counseling to give themselves the opportunity of a very professional, honest and transparent guidance with Saman and her team.

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My wife and I hired Saman to help us with a permanent residency application. My wife is a U.S citizen and I am Canadian. Right from the start she was very easy to deal with and schedule time with. I was in medical school and in the process of applying for residency. Saman was able to get me an Employment Authorization Document while awaiting my greencard, which meant that I was eligible to apply to significantly more programs because I would not require any visas. Also, during our in-person interview, the interview stated that he has been doing this for 21 years and has never seen anyone this well prepared. Because of this, we were asked very few questions and I was given my green card a week later. I would highly recommend you chose Saman for any and everything to do with immigration.

- Anonymous

It is with pleasure I would like to compliment the executive and legal staff of the Florida Immigration Law Counsel, for their kind, human and professional attention to our most recent process with the Government Immigration Services departments. In particular I would like to commend Saman Movassaghi on her highly detailed preparation of the process resulting in a trouble-free conclusion and the issuing of our required visas. I highly recommend the professional services of this Law Office and Saman for services related to Immigration and wish them well for the future.

- Virgil

We are very pleased with the experience we had with Saman. She guided us through a very cumbersome process and made it much less stressful. With her help we were able to obtain green cards for some of our employees. We would highly recommend her!

- Erin

Attorney Saman and Alba were so helpful! They helped me with the entire processing of getting my EAD card expedited. They were so patient and thorough. Words cannot describe my appreciation. If you’re looking for a reliable immigration attorney, please don’t look further.

- Rui

I am very happy to know that I was approve for my green card today thanks to her, and I love the way how she work to help me she make time and talk to me about my case and when I text she would always text me back on time and I most admit I was a little annoying but she put up with me and she did all my paperwork the right way and now I am a happy man

- Orlando

If your looking for and excellent immigration lawyer look know more, Saman Movassaghi is so great in her practice she just recently got my papers for me in less then a year , I really taught it want be possible , because of simple mistakes in the pass, but if she said she can do it , I would recommend any one not to hesitate and go with her she’s is awesome with a lovely staff , I thank u so much again

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Ms. Saman Movassaghi is the smartest, nicest and most talented attorney I have ever met. She is an exceptionally great immigration lawyer. She has handled my case with confidence, efficiency, effectiveness and professionalism. As I observe, she is truly dedicated to his clients and has shown genuine interest in helping them. Her answers are always thoughtful and accurate. She and her firm treat clients with care, honesty, respect, warmth and humility. My case was not easy, but I got approved my Green Card the end day of 2019! Thus, I highly recommend her for any legal work regarding Immigration proceedings.

- Amy Park

Saman and her team did an amazing job combing through my problematic history with the US visa and walked me through all the way until I received the visa ! After a decade and four denials ! The documents prepared by them were thorough and I came to the interview really prepared. Thanks again for the service and attention to detail !

- Reizel Roth

Great experience with this law firm! Very generous, enthusiastic, and stuck to their word.

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Really appreciated all the work and effort they put into my application. Very knowledgeable and friendly and did everything they could to help us.

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Saman and her staff were able to assist us in what we felt to be a difficult case which took over 9 months. I want to especially thank Lianette, one of Saman's paralegals, who was continuously diligent and handled the matter with a sense of urgency as if it was a personal matter for herself. If ever needed, we will definitely return. Thank you!

- Leti Betti

(Translated by Google) My experience with Saman as my representing attorney was exceptional. She is an extremely professional individual with a clear and focused mind and attitude. She is very knowledgeable and was quick to provide solutions to any unexpected conflicts, and was very patient throughout my entire legal process. Saman was also very reliable and responsive, as was her team at her legal firm, thanks for all you did for us !! we are a super happy customers we strongly recommend her. Our experience with lawyer Saman Movassaghi as a representative was very positive and exceptional, a human person and with a lot of dedication to his work, always pending and accessible to any concerns of his clients, a person who knows what he does very smart and eagerly to solve as difficult as the case may be, I have plenty of words of thanks in the way she and her team handled our case. With professionalism and ethics., we will be forever grateful, I recommend it with closed eyes. Thank you!! (Original) My experience with Saman as my representing attorney was exceptional. She is an extremely professional individual with a clear and focused mind and attitude. She is very knowledgeable and was quick to provide solutions to any unexpected conflicts, and was very patient throughout my entire legal process. Saman was also very reliable and responsive, as was her team at her legal firm, thanks for all you did for us!! we are a super happy customers we strongly recommend her. Nuestra experiencia con la abogada Saman Movassaghi como representante fue muy positiva y exepccional, una persona humana y con mucha dedicacion a su labor, siempre pendiente y accequible a cualquier inquietud de sus clientes, una persona que sabe lo que hace muy inteligente y con muchas ganas de solucionar por mas dificil que sea el caso, me sobran las palabras de agradecimiento en la forma como ella y su equipo llevaron nuestro caso. con profesionalismo y etica., estaremos por siempre agradecidos, la recomiendo con ojos cerrados. Gracias!!

- M Carvajal

Very friendly and knowledgeable staff. Will return if need be.

- Juan Echavarria

Saman and her team are very professional, warm and thorough. She used her vast knowledge to ensure my husband and I were well prepared for our interview. Interesting enough the immigration officer expressed how impressed he was with the packet and her knowledge— making for a smooth interview. Additionally, she is just a delight to work with and treated us with such kindness we thought we were only clients. I would recommend her services any day of the week. Can’t say thank you enough!

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If you want the best results, then Florida immigration Law Counsel is your way to go. Saman took all the time in the world to explain every detail about the Labor Cert/EB2 process plus her confidence in the process was unbelievable. She is extremely knowledgeable which automatically gave me so much confidence, because she knew what she was talking about. Saman and Lianette are super-fast to answer e-mails, are always available for calls and they explain everything in detail. Thanks to them my process had no set-backs, plus they always gave me great advise—they know their way around every situation, and their customer service is top of the line!

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Saman Movassaghi provided detailed and precise correct guidance on an immigration matter that my family and I were facing. Her communication and responsiveness is unparallel. I highly recommend hiring her to take care of all your immigration needs. I never expected her to be so in tuned with my situation and really care about the welfare of my family and I as much as she did. 5-Star Service.

- Jacob Rahamim
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