Children who turned 18 years of age before the effective date of the CCR on February 27, 2001, may only obtain derivative citizenship under the old statutory provisions that were found in then INA § 321. These provisions apply to children who were under 18 years of age at any time between December 24, 1952 and February 27, 2001, but not after February 27, 2001 [in which case the child is eligible under the provisions of the CCA found in INA § 320(a) and (b)].
Under the former INA § 321, a child may acquire citizenship if his or her parents meet any of the following conditions:
Both parents naturalize;
One surviving parent naturalizes if the other parent is deceased;
One parent naturalizes who has legal custody of the child if there is a legal separation of the parents; or
The child's mother naturalizes if the child was born out of wedlock and paternity has not been established by legitimization.
For more informaiton, please read here: http://myattorneyusa.com/deriving-citizenship-through-parents-after-birth
Answered on Feb 09th, 2018 at 10:20 AM