ฺBy.....Narisara P. Jongjarearn-Tasanont, Attorney at Law

       Hello readers!!!  This Sunday is Mother’s Day!  I hope everyone enjoys Mother’s day by spending it with his or her mother. I especially want to thank my lovely mother for all she has done for me.  She is my inspiration and she has made me the woman I am today.  I love her and adore her and am very grateful to have her as my mom.  I’m sure everyone feels that way about his or her mom.  Of course I try to show her my appreciation everyday, but this mother’s day, I have some extra surprises.  I can’t wait!  Happy Mother’s Day!

Automatic Citizenship for Children

       Today’s topic deals with the issue of automatic citizenship or citizenship by operation of law.  Many parents want to know if their children will automatically become a U.S. citizen when they themselves become a U.S. citizen.  It seems that with all the people who have become naturalized citizens, this question gets asked quite often. 

       The Child Citizenship Act (CCA) states that any child with a permanent resident card who is under age 18 who has at least one parent who is a U.S. citizen whether by birth or naturalization will acquire U.S. citizenship by operation of law.  This means that the child must be under age 18 when the parent becomes a U.S. citizen.  The child must also have a permanent resident card.  It is not necessary that both parents are U.S. citizens; only one parent must be a U.S. citizen.

       If your child is living in the United States with a green card, you child will be a U.S. citizen by operation of law.  In cases where the child is living abroad, the child will acquire automatic citizenship upon admission into the United States as an immigrant.  However, there is no documentation that is given to the parent or child to establish the child’s status as a U.S. citizen. 

       So if you are a parent who has just become a U.S. citizen and you have a child who is under age 18 and who has entered the United States as an immigrant with a permanent residence card, your child will automatically be considered a U.S. citizen, but the United States Citizenship and Immigration Service will not automatically provide you with documentation of your child’s U.S. citizenship status. 

       You may however, apply for a certificate of citizenship for your child.  This certificate will serve as evidence of your child’s U.S. citizenship status.  Additionally, you can request to have a U.S. passport for your child.  I always advise parents to get a certificate of citizenship in addition to the passport. 

       I feel that it is better to have another form of proof, especially if the passport gets lost or stolen in the future, it will save a lot of time and trouble of collecting all the documentary evidence needed to establish the parent-child relationship again in order to get a replacement passport.  With the certificate of citizenship, if the passports gets lost or stolen, the child can easily reapply for a passport with the certificate of citizenship. 

       Parents with children over age 18 when they become a U.S. citizenship do not qualify for automatic citizenship.  If your over age child/children want to become a U.S. citizen, they must apply for naturalization and meet the eligibility requirements that currently exist for adult lawful permanent residents. 

       If you qualify, my office can prepare this application for you.  I will be working with the THAI AMERICAN CITIZENS ALLIANCE next Sunday, May 11, 2008 at the Thai Temple in North Hollywood from 10 a.m. until 1 p.m.  We will be there to conduct a U.S. citizenship workshop to help with the citizenship process.  If you cannot make it to the Thai Temple, you can make an appointment to come to our office in Los Angeles.  You can call Rusmee Jongjarearn or me at 323-664-7131 for more information.

       This picture is of my mother and I in Paris, France.  We always love to travel with each other.  May 2005.