Derivative citizenship n removal proceedings

Asked over 1 year ago - Pompano Beach, FL

hello guys I want to know if I qualify for derivative citizenship my fathers who is a USC filed for me n my sister from Jamaica at the time when the consular process was finished she was 15 n I was 18 yrs old then I turnt 19 a month after we after we got our envelops that you or to surrender at customs at your port off entry we had six months to enter the US after approval which was in july 2005 we left Jamaica October 2005 so I got my LPR status when was 18 but entered the USat age 19 I was arrest last year for shop lifting n driving on a suspended licience after a month in jail I was released time served no immigration hold I went to Jamaica in march an upon returning customs sieved my green card n sent me home n I recently got an NTA for removal proceedings I want to know if I qualify

Attorney answers (2)

  1. Jeffrey Adam Devore

    Contributor Level 20

    3

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . The date you are issued an immigrant visa is irrelevant. The date you entered the U.S. is controlling. Since you were 19 at the time you entered the U.S. you did not obtain U.S. citizenship under the Child Citizenship Act.

    Generally speaking, shoplifting is a misdemeanor and while a crime involving moral turpitude, may be subject to the petty offense exception and thereby not render you inadmissible. It also appears that you be eligible for other forms of relief from removal.

    Consult with an experienced immigration attorney who can review the facts of your case and advise you how best to proceed.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for... more
  2. Stanley P. Walker

    Contributor Level 12

    2

    Lawyers agree

    Answered . Under current citizenship laws, you would not derive citizenship on these facts, because you would have had to have been admitted to the U.S. as a lawful permanent resident before you turned 18. However, you do not say how old you are now, and citizenship laws have changed over the years. The governing law may be different based on the date of your birth. Also, you may have other options in removal court. The important thing right now is that you should consult a qualified immigration attorney on how best to proceed. Your future and ability to remain here in the U.S. are too important for you not to seek the services of a qualified immigration attorney and there are plenty of good ones here in Florida who can help you. Best of luck.

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