Jillian Nicole Kong-Sivert's Answers

My question is if i have derivative citizenship?i was born in 12-21-77 my mother is naturalized from birth becouse her father

If your mother could "pass" her citizenship on to you, then the other factors you mentioned -- criminal convictions, family ties, etc. -- wouldn't enter into it. You would be a citizen regardless. But your mother can only "pass" her citizenship on to you if she spent her formative years in the U.S. If she spent her childhood in Mexico, then it won't work. I would expect that the immigration judge did that calculation when making the decision to order you removed. They're usually very...

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HOW I CAN FILE FOR "Petty Offense Exception" i have been denied on my naturalization only for 1 class c misdemeanor.??

You want an exception because the offense was petty, but you don't want a "petty offense exception." That term is for if you have been convicted of a kind of crime that might make them take your green card away. Nobody's trying to take your green card away. What you are dealing with is a temporary bar to naturalization for failure of good moral character. Depending on what the issue is, they might just want to see some time on it before they want you to apply. Has it been five years?

Is there anything i can do to stop the removal of my husband back to Mexico?

OK, first, do not take legal advice from ICE agents. Second, I am inferring from the fact that he has been detained for some weeks that he does not have any prior removals (deports). So, depending on his criminal history, he will likely be able to bond out of detention. Third, if you are a U.S. citizen or legal permanent resident, and have not filed an I-130 petition for him, then file one. Even if he is not able to adjust status in the U.S., he will need that in order to consular...

I am a U.S citizen, My husband got his green card from me, through marriage. I believe he just wanted that from me what do I do?

Payment of child support is a factor in determining "good moral character" for purposes of getting (or keeping) a green card, and, later, for naturalizing to U.S. citizen. So, if the court orders child support and he fails in that legal obligation, then that will complicate his future applications. However, remember that when you petitioned him you made yourself responsible if he falls into poverty until he works 40 quarters or naturalizes.

In removal proceedings...please help....

If you have not yet hired an attorney by the time of your master calendar hearing, then simply go to the master calendar hearing and ask the immigration judge for time to hire an attorney. It may be that by the time of your rescheduled master calendar hearing you have more to report regarding your new labor certification application or your priority date from the petition for your late mother will have come its turn in line. You remain 245(i)-protected despite the death of your mother.

I am a citizen. If I marry my gf who came to the USA by visa and overstayed for over 4 years, can she get to become a citizen?

Yes, so long as she is otherwise eligible. However, be careful of a common pitfall. The rule is different if she entered, overstayed, left the country, and entered again.

I'm a resident. It may be any way for me to be enmancipated or something like that?

As a legal permanent resident, there is nothing about your immigration status that requires you to live with your father and his wife/ your petitioner. Becoming "emancipated" for purposes of financial aid is a function of living on your own without the financial support of your parents for the requisite period of time. This would include, for instance, them not taking you as a dependent on their taxes.

I am a permanent residence and my husband isnt. is there anyway i can help him get a green card...

I am assuming that you husband came with no papers or came on papers and stayed too long and that you already know he does not qualify under the LIFE Act, or more commonly referred to as 245(i). 245(i) was a program under which, if in all the other ways you were eligible to "adjust" to permanent resident (green card) and crossing without papers or staying too long was your one and only obstacle, then you could pay $1,000 and that would waive (pardon) the offense that was holding you back....

If a person declared bankruptcy. Can he/she still sponsor his/her spouse to get a green card?

"Sponsoring" has two meanings here. First, can he file a petition for you that becomes the basis of getting a green card? Yes, and as part of that process he will file an affidavit of support promising to be on the hook for your support until you either become a U.S. citizen or complete 40 quarters of work. He would file this form regardless of his income or assets, just as part of the process. Your concern seems to be the second meaning of sponsor. Are his income and assets enough to...

What is "intent to file for citizenship"?'

I'm assuming this is a prospective employer? This might be citizenship status discrimination, but there are are very specific instances when a potential employer can insist on U.S. citizenship, so long as it does not prefer native-born citizens to naturalized.