[JASETH]

I became a us citizen 2 years ago, however my exhusband became a us citizen on 7/24/1992. He said he had added the children (4 boys) at the time that he did the application but the boys neveer received any information and I never applied for a passport for them. Their ages at the time were, 17+, 16+, 13 AND 12. I need to know so that they can apply for their passport.

[tufa4311]

This is called Derivative Citizenship. Here are the rules:

a. Both parents must naturalize, or if only one parent naturalizes, the other parent must have been either a U.S. citizen at the time of the child's birth and remain a U.S. citizen, or be deceased, or the parents must be legally separated and the naturalizing parent must have custody.
b. In the case of a child who was illegitimate at birth, the child must not be legitimated, and it must be the mother who naturalizes. If the child is legitimated, s/he can derive only if both parents naturalize, or the non-naturalizing parent is dead, or if the other parent was a U.S. citizen at the time of the child's birth and remains a citizen.
c. Parent or parents must have been naturalized prior to the child's 18th birthday;
d. Child must have been lawfully admitted for permanent residence before the 18th birthday;
e. Child must be unmarried;
f. Adopted child may derive citizenship if the child is residing in the U.S. at the time of the adoptive parent(s) naturalization, is in the legal custody of the adoptive parent(s), entered the U.S. as a lawful permanent resident and adoption occurred before s/he turned 18. Stepchild cannot derive citizenship.

[NYcityboy]

Not enough information to determine if they derived or acquired citizenship. Consult an immigration attorney as it depends on the laws at the time your ex-husband naturalized. Good luck.

[tufa4311]

The rules I listed were for: 10/5/78 to 2/26/01, this would fall in line with when the father became a USC. It does not matter when the mother became a USC because the kids would have been over 18 at that time. I do not believe the children would have gained USC at the time if you were married to your ex-husband as both parents must have been USC at the time. Now, if you were legally separated or divorced before they turned 18 then as long as the father had joint custody they would have derived USC (many will say that sole custody is required but it is not, I gained USC this way).

Ultimatley, NYcityboy is correct, you will need to consult with an immigration attorney, just as I did. Also note that they do not know everything and you should consult with more than one.

[tufa4311]

The rules I listed were for: 10/5/78 to 2/26/01, this would fall in line with when the father became a USC. It does not matter when the mother became a USC because the kids would have been over 18 at that time. I do not believe the children would have gained USC at the time if you were married to your ex-husband as both parents must have been USC at the time. Now, if you were legally separated or divorced before they turned 18 then as long as the father had joint custody they would have derived USC (many will say that sole custody is required but it is not, I gained USC this way).

Ultimatley, NYcityboy is correct, you will need to consult with an immigration attorney, just as I did. Also note that they do not know everything and you should consult with more than one.