What is required for a child born abroad to derive citizenship from a parent who naturalized?

• A. The child must have lived in the U.S. for at least five years.
• B. The child must be in the legal and physical custody of the parent.
• C. The child must apply for a passport.
• D. The child must be born before the parent’s naturalization.

Answer: (B)

For a child born abroad to derive citizenship from a parent who has become a U.S. citizen through naturalization, one of the key requirements is that the child must be in the legal and physical custody of the U.S. citizen parent. This means that the parent must have both legal guardianship and actual physical control or care over the child. This condition is essential because it establishes a direct and ongoing parental relationship, which is fundamental to the child’s ability to receive citizenship benefits from the parent’s naturalization status.

The importance of legal and physical custody lies in the U.S. immigration laws aimed at ensuring that the child is living with and supported by the parent who is a U.S. citizen. This legal framework protects the interests of the child and ensures that citizenship is granted under circumstances reflecting a stable family environment.

Other aspects, such as the child living in the U.S. for a specific duration, applying for a passport, or being born before the parent's naturalization, do not meet the legal standards for deriving citizenship and do not capture the core requirement of custody that is central to this process.