Legal Question in Immigration Law in New York

Re: I am a U.S. citizen,is my child a U.S. citizen

Here's a general statement of law applicable to a child claiming derivative citizenship through naturalization of one parent:

Under � 321(a), a child born abroad to alien parents, or of an alien parent and a citizen parent becomes a citizen of the U.S. upon the fulfillment of the following conditions.(1) the naturalization of both parents; or (2) the naturalization of the surviving parent if one of the parents is deceased; or (3) the naturalization of the parent having legal custody of the child when there has been a lawful separation of the parents or the naturalization of the mother if hte child was born out of wedlock and the paternity has not yet been established by legitimatization; and if (4) such naturalization takes palce while the child is under eighteen (18) years of age; and; (5) the child is residing in the U.S. pursuant to a lawful admission for permanent residence. This provision of law may apply to an adopted child only if the child residing in the U.S. at the time of naturalization of the adoptive parent, in the custody of his adoptive parents, and pursuant to a lawful admission for permanent residence. See � 321(b) of INA.

Contact an immigration attorney to determine whether you qualify on the basis of your specific facts (the critical issue is whether you were not yet 18 years old by February 27, 2001 (the date of effectiveness of the Child Citizenship Act -- otherwise both parent must have naturalized to convey derivative citizenship to the child).

The above reply is in the nature of general information, is not legal advice and should not be relied on as such.