Child of naturalized parent can become citizen if under 18

Irecently got naturalized as a U.S. citizen. If my son becomes a permanent resident, will he automatically become a U.S. citizen as well? My son is age 16 and his application to adjust status to permanent resident is pending with U.S. Citizenship and Immigration Services.

Jean Pierre Maissa, Long Island City If you were married to your son’s mother, or he was born in a country that treats a child born out of wedlock as “legitimate,” or your son is legitimated under the law of where he or you live, he should become a U.S. citizen once USCIS grants him permanent residence. That’s true provided that your son has not reached his 18th birthday.

When your son becomes a U.S. citizen, we say he “derived” citizenship. He can get a U.S. passport, and if he wishes, a Certificate of Citizenship. Even without a passport or certificate, the law considers him a U.S. citizen.

Let’s review the rules for derivative citizenship. Permanent residents not yet 18 on Feb. 27, 2001, derive U.S. citizenship if at least one parent is a U.S. citizen by birth or naturalization; the child is unmarried and not yet age 18; and the child is residing in the United States in the legal and physical custody of the U.S. citizen parent.

The order of events makes no difference. If a child is a permanent resident and under 18, and then the parent or parents naturalize, the child gets automatic derivative citizenship. If the parent or parents naturalize and then the child gets permanent residence before turning 18, the child becomes a U.S. citizen the moment he or she becomes a permanent resident.

The rules are a bit more restrictive for children already age 18 on Feb. 27, 2001. Readers can find an excellent chart on derivative citizenship prepared by the Immigrant Legal Resource Center, at ilrc. org/acquisition-derivation-quick-reference-charts.

My girlfriend is from Puerto Rico. If we marry, can she sponsor me for permanent residence? I’m from Honduras.

Johnathan Munoz Yes. Individuals born in Puerto Rico are U.S. citizens at birth. Puerto Rico is a commonwealth, sometimes called an unincorporated territory. Puerto Ricans have the same rights as other U.S. citizens to petition for a spouse or other relative.

Allan Wernick is an attorney and Senior Legal Adviser to City University of New York’s Citizenship Now! project. Email questions and comments @allanwernick.com. Follow him on Twitter @ awernick