http://www.greencardfamily.com/news/news2009/news2009_0105.htm
The derivative citizenship of a child from parent's naturalization is not available, unless the child was admitted to a lawful permanent resident under age 18.
The Board of Immigration Appeals ruled in the Matter of Nwozuzu, Interim Decision #3621 (BIA, September 10, 2008), 24 I&B Dec. 609 (BIA 2008) that to obtain derivative citizenship under former section 321(a) of the Immigration & Nationality Act, 8 U.S.C. § 1432(a) (1994), an alien child must acquire the status of an alien lawfully admitted for permanent residence while he or she is under the age of 18 years.
Accordingly, should the child be not in a lawful permanent resident status before 18 years of age, such child is not eligible for a derivate citizenship from the parents' naturalization even if he or she was under the age of 18 years.
This decision supports the DHS interpretation of the statute that an alien can derive citizenship pursuant to former section 321(a) of the Act only if three things occur while the alien is under the age of 18:
(1) the naturalization of both parents,
(2) the residence or presence of the alien in the United States, and
(3) the lawful admission of the alien as a permanent resident.
This law and the BIA decision are something which the naturalizing parents should keep in mind when they have children under 18 years of age. http://www.greencardfamily.com/news/news2009/news2009_0105.htm
