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Parent is a US Citizen, child is illegal?
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Parent is a US Citizen, child is illegal?

What if a parent of an illegal child in the US becomes naturalized and becomes a US citizen? Does the child automatically become a US citizen? Or does the child have to file for citizenship?

How long does it take?
Additional Details
Does the CCA have anything to do with this?


    




Yak Rider
Rating
Nothing about the child's status changes.

If the child had a green card and was under the age of 18 then he/she could be included with the parent's naturalization. This is not the case as you describe it. The child will continue to be an illegal alien.

The child cannot file for anything as the child has no status at this time.

The parent could file a petition for the child. How that worked would depend on how the child got to the United States and the child's current age.


ed
The U.S. citizen parent can petition for the child to become a legal resident. If the child is under 18 when it becomes a legal resident, it would then automatically become a U.S. Citizen. The CCA requires a legal entry by the child. If the child is illegal, no legal entry has been made. Hire an immigration lawyer for the petition.


tonalc2
Rating
Currently there is no law that allows a non-citizen child to automatically become a citizen.

However, research the Dream Act:

http://en.wikipedia.org/wiki/DREAM_Act


Kunal
If the parent of a child under 18 is a legal citizen, the Child Automatically becomes a US Citizen
But the Child has(well Optional) to apply for a Passport.





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