According to the Child Citizenship Act of 2000 (CCA), that became effective February 27, 2001, once a Legal Resident becomes a naturalized citizen, his or her child/children born abroad (whether they are natural or adopted children) automatically become US citizens by derivation, so long as the following three eligibility requirements are met: The child must have U.S. lawful permanent resident status ("green card" holder). At least one parent must be a U.S. citizen by birth or naturalization. The child must be residing in the United States in the legal and physical custody of a USC parent. If the child is NOT currently present in the US, the naturalized parent (new US Citizen) would have to file a petition for the child/children to be admitted into the United States as permanent resident(s) while under the age of 18 years and U.S. citizenship by derivation would be granted to them after arrival. It is strongly recommended that the parent immediately file for a US passport for the child/children. Call for our office for a free 20 minute phone consultation. Sylvia Ontaneda-Bernales, Esq. Law Office of Sylvia Ontaneda-Bernales (443) 414-4473 sylvia@ontaneda-bernaleslaw.com www.ontaneda-bernaleslaw.com Folllow us on: Appointments: Personal consultations by scheduled appointment. Mailing Address: 1340 Smith Avenue Suite 200/DORSEY Baltimore, MD 21209 General Practice Areas: : Immigration, Bankruptcy, DUI/DWI, Contracts, Trademark and Copyright, Business, Non-profit Corporations, Name Change, Landlord/Tenant, Uncontested Divorce, Mediation (Foreclosure, Misdemeanor, Community and Consumer ADR). Fully bilingual services, including Spanish language interpretation and translations. Brief Bio: Licensed in Maryland and the District of Columbia. Also admitted to the United States Supreme Court and the U.S. District Court for the District of Maryland. Graduate of the George Washington University School of Law (JD), the University of Nevada, Reno (Dual BA; MA), the Pontificia Universidad Catolica de Lima, Peru (BA). Past President of the Maryland Hispanic Bar Association (2009-2010). Print and broadcast journalist, documentary producer/director, educator, writer, among other professional endeavors. Commissioner to the Maryland Health Care Commission (2004-2011), the Governor's Commission to Study the Impact of Immigrants in Maryland, and the Baltimore City Wage Commission. Named Maryland's Top 100 Women by The Daily Record.

Answer Applies to: Maryland
Replied: 12/19/2011

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Im not sure you have enough details in your post. It is 2011 now, when exactly in 2008 did you get your citizenship. Where is your son now? If your son is outside and he was born before you got citizenship, then you have to do an I-130 petition to bring him as a Lawful Permanent Resident. Once he comes in as an LPR, he automatically becomes a U.S. citizen under the Child Citizenship Act. If he is here illegally, you need to send him out and do the same.

Answer Applies to: Virginia
Replied: 12/16/2011

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If you have no evidence that you are the father, you will need to do a DNA test. If you have proof, you can go forward but there are additional requirements if this is an out of wedlock birth.

Answer Applies to: California
Replied: 12/16/2011

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Yes, he is an immediate relative to you. Since he is under 21. I don't know the specific facts here, so you may need to consular process his case instead of doing an adjustment. (the procedures are the same even though that it titled for marriage. In some cases, when the child gets the green card, he or she will automatically gain US citizenship. Please have an appt with a competent immigration attorney in your area.

Answer Applies to: California
Replied: 12/16/2011

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Unfortunately, I would need additional information regarding your son to answer this question. Your son may be eligible to derive citizenship through you. At the very least, you could file an immigrant visa petition on his behalf so that he can become a lawful permanent resident.

Answer Applies to: New York
Replied: 12/16/2011

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Your son may be a US Citizen by birth depending on whether you meet the physical presence requirements. You should contact a qualified immigration law attorney for more information. Good luck.

Answer Applies to: Florida
Replied: 12/16/2011

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If your son was living with you and was a legal permanent resident on or after the day you became a naturalized citizen, then your son is already a citizen. What you need to do is apply for a U.S. passport for your son. Include proof your naturalization and a birth certificate showing that you are the natural mother of son.

Answer Applies to: Florida
Replied: 12/15/2011

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Was he alive when you naturaliized, what was his mother's status, did you remarry? These are factors that should be considered.

Answer Applies to: New York
Replied: 12/15/2011

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If you son was born in US, you can either apply for naturalization certificate for him or US passport.

Answer Applies to: Michigan
Replied: 12/15/2011

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Yes if you are over 21 years and a U.S. citizen you can petition for your son.

Answer Applies to: Florida
Replied: 12/15/2011

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It depends. It matters if you were a US citizen when your child was born.

Answer Applies to: Texas
Replied: 12/15/2011

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You can petition for your son. You must prove the relationship. Usually a birth certificate is enough. Sometimes DNA is necessary.

Answer Applies to: New Jersey
Replied: 12/15/2011

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