Automatic US citizen?

[Docmarie30 0]

My child was born in the Philippines. I had gained a US citizenship through the military when he was 7 years old (2005). He is staying with my relatives in the Philippines. Due to circumstances beyond my control, his father and I separated. We remain married as of this time though he had already built a life with his new family. I am the sole provider of my child. A petition was filed for my husband and my child back in 2001 and was approved in 2004. When I learned of his infidelity, I decided to withdraw the petition which had affected my child's as well (petition was joined as I was not a US citizen back then).

At the present time, we are awaiting for the approval of my recent petition for my child. Is it true that since he will be turning 16 at the end of this year, he will be automatically considered as US citizen upon stepping on the US ground or is it just a general talk? If it is not the case, how can I help my child to become a US citizen when he gets to the United States?

Sincerely,

Docmarie

[Umka36 781]

Below is a link in USCIS about citizenship through parents:

http://www.uscis.gov/us-citizenship/citizenship-through-parents

[Mark88 184]

No, but almost.

First he will have to enter the US as a LPR (or in other words with a green card). He only gains automatic USC if he is in the physical and legal custody of a USC parent. If this is the case, then the CCA comes into effect.