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Asker
Posted over 1 year ago.

Thank you for your answer Sir,
In fact he was granted PR status before his 18th birthday, if that's the case, I wonder how can he claim his citizenship?

Samuel Patrick Ouya Maina
Samuel Patrick Ouya Maina, Immigration Attorney - San Francisco, CA
Posted over 1 year ago.

Apply for a US passport. Show his Green Card, proof of stepfather's US citizenship, marriage certificate between stepfather and mother

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Asker
Posted over 1 year ago.

Is there any type of relief for me now that my son can become a US citizen? I entered the country under E2 Treaty status, I'm currently with no status since it expired and overstayed, I'm in deportation proceedings awaiting trial date; or do I need to wait till my son turns 21 hoping I don't get deported. In May 2013 I will have 10 years living in the Country. Thanks for your help, I appreciate it!

Samuel Patrick Ouya Maina
Samuel Patrick Ouya Maina, Immigration Attorney - San Francisco, CA
Posted over 1 year ago.

Your son cannot petition for you until he is 21. You may be eligible for cancellation of removal. Do you have an attorney? If not, you should really get one.

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Asker
Posted over 1 year ago.

Yes counselor, I'll find a lawyer, although the rule says that I'd have to be living in the country for 10 years or more before the NTA was served, it was served around 9 months before the 10 year deadline, and proving extreme and unusual hardship I heard is next to impossible, I have a 20 year old PR son but unfortunately he's got his GC at 19 years old, both my sons depend on me though, thanks for your help again!!

Samuel Patrick Ouya Maina
Samuel Patrick Ouya Maina, Immigration Attorney - San Francisco, CA
Posted over 1 year ago.

You are right about time being stopped by the service of the NTA. I am glad to hear you will soon be seeking counsel. Perhaps you may be considered for Prosecutorial Discretion. Good luck to you.

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Asker
Posted over 1 year ago.

One last question Sir, my ex-wife and 17 year old son applied to remove the PR conditions 6 months ago, apparently there is a backlog and they haven't received the new GC, does my son have to wait till the process is done in order to apply for the passport? I appreciate your help!

Samuel Patrick Ouya Maina
Samuel Patrick Ouya Maina, Immigration Attorney - San Francisco, CA
Posted over 1 year ago.

He has to wait until the condition is removed, so I would say yes.