Harrisburg, NC asked in Immigration Law for North Carolina

Q: If a mother is going to be US citizen but her under 18 years old son don't want to is he still automatically going tobe

Or is there another way to keep his citizenship and decide after he is 18 years old?

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1 Lawyer Answer

A: You pose an interesting question. Is there any particular reason as to why the son does not want to become a U.S. citizen?

Derivative citizenship is very complex and case specific. However, as a general rule a minor, under 18 years of age, automatically acquires U.S. citizenship if (1) the minor is a greencard holder, (2) at least one parent becomes a naturalized U.S. citizen, and (3) the child is residing in the USA in the physical custody of the U.S. citizen parent.

There are many, many benefits to becoming a U.S. citizen. You and your son should consult with an experienced immigration attorney to discuss your son's options.

Adan Vega agrees with this answer

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