Q. I just lately acquired naturalized as a U.S. citizen. If my son turns into a everlasting resident, will he robotically grow to be a U.S. citizen as effectively? My son is age 16 and his software to regulate standing to everlasting resident is pending with U.S. Citizenship and Immigration Providers.
Jean Pierre Maissa, Lengthy Island Metropolis
A. For those who had been married to your son’s mom, or he was born in a rustic that treats a toddler born out of wedlock as “professional,” or your son is legitimated beneath the regulation of the place he otherwise you stay, he ought to grow to be a U.S. citizen as soon as USCIS grants him everlasting residence. That’s true offered that your son has not reached his 18th birthday.
When your son turns into a U.S. citizen, we are saying he “derived” citizenship. He can get a U.S. passport, and if he needs, a Certificates of Citizenship. Even with no passport or certificates, the regulation considers him a U.S. citizen.
Let’s evaluate the foundations for by-product citizenship. Everlasting residents not but 18 on Feb. 27, 2001, derive U.S. citizenship if no less than one mum or dad is a U.S. citizen by delivery or naturalization; the kid is single and never but age 18; and the kid is residing in the USA within the authorized and bodily custody of the U.S. citizen mum or dad.
The order of occasions makes no distinction. If a toddler is a everlasting resident and beneath 18, after which the mum or dad or mother and father naturalize, the kid will get automated by-product citizenship. If the mum or dad or mother and father naturalize after which the kid will get everlasting residence earlier than turning 18, the kid turns into a U.S. citizen the second she or he turns into a everlasting resident.
The principles are a bit extra restrictive for kids already age 18 on Feb. 27, 2001. Readers can discover a wonderful chart on by-product citizenship ready by the Immigrant Authorized Useful resource Middle, at ilrc.org/acquisition-derivation-quick-reference-charts.
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Q. My girlfriend is from Puerto Rico. If we marry, can she sponsor me for everlasting residence? I’m from Honduras.
Johnathan Munoz
A. Sure. People born in Puerto Rico are U.S. residents at delivery. Puerto Rico is a commonwealth, generally referred to as an unincorporated territory. Puerto Ricans have the identical rights as different U.S. residents to petition for a partner or different relative.
Allan Wernick is an legal professional and Senior Authorized Adviser to Metropolis College of New York’s Citizenship Now! challenge. E mail questions and feedback @allanwernick.com. Comply with him on Twitter @awernick
