I would like to know if my son is USA citizen as my (naturalized citizen) ex-husband and I are divorced?

I would like to know if my son is USA citizen as my (naturalized citizen) ex-husband and I are divorced?

Q: My son and I are legal residents. His dad and I are divorced but his dad is a naturalized citizen as of 8-23-13 and said our son would automatically acquire citizenship. At the time my son was 17 yrs, he is now 18. I have also recently applied for citizenship, but before my son applies, I would like to know if he is a citizen or not. His dad told us that presenting his naturalization certificate with my son’s green card, birth certificate and our marriage license, all these documents should prove my son is citizen. My concern is to know if this information his dad has given us is accurate, and if it is, where or to whom is it that I present this documentation; and if this information is wrong, what is the procedure for my son to apply for his citizenship?

A: Yes. Your ex-husband is correct. Your child has acquired Derivative Citizenship based on his father’s naturalization prior to your son turning eighteen years old and your son having been lawfully admitted as a Permanent Resident of the United States before the age of eighteen (if he is single). You can obtain a certificate of citizenship through the BCIS using the mandatory form for this purpose and submitting the evidence requested by the form ( form can be obtained at no cost from the BCIS website as per the instructions) or apply for a US Passport with the Department of State submitting evidence of father’s naturalization, child becomming permanent resident before 18, and that child is single.  The Department of State has the process in its website.


Eliana Phelps

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