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How can 2 underage children obtain US citizenship?

Hartford, CT |

Children were born abroad. Their mother will be eligible to file naturalization application in 6 months. Children's father was deported in 2012 for a conviction.

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Attorney answers 4

Posted

Not enough info to provide a meaning response. Where are the kids? Who do they reside with presently? How did they enter the US?etc.

Mr. Asatrian's practice is dedicated to the area of immigration and nationality law. Please note the information provided herein does not constitute legal advice and should not be construed as such by anyone. It should not be relied upon as legal advice as more specific facts, research and analysis may be required to formulate a proper strategy and action in your matter. Please note this does not create an attorney-client relationship whatsoever. You should seek the assistance of an experienced immigration attorney to review your matter thoroughly and gather all of the necessary information and documentation to provide you with the best possible legal solution.

Asker

Posted

Kids and their mother immigrated to the US as relatives of an LPR (their father/husband) in 2008. They have been living together since then. Their father/husband, however, was deported in 2012 for a conviction.

Harry Asatrian

Harry Asatrian

Posted

The kids may derive US citizenship once the mother naturalize is if certain conditions are met such as residents, under the age of 18, and length of residency the United States.

Asker

Posted

Thanks. How can the kids get US passport if they derive citizenship from their mother?

Harry Asatrian

Harry Asatrian

Posted

Mother's natz certificate and birth certificate. They should also apply for Certificate of Citizenship.

Posted

You will need to talk to an immigration attorney. If the kids are still under 21, she can file for visas for them, and when they are here as permanent residents, and living with her (in her legal and physical custody), and she gets her citizenship, they become US citizens if they are still under 18 at that time. She should start the filing process now though. It is never assured that someone will get citizenship, a green card holder can file for their kids, and there are visa delays for children of permanent residents. Talk to a good attorney!

The above is not legal advice. It is general information. I only give legal advice to those who have a retainer agreement with me. You may also seek further information on my website - http://immigrationlawyernewhavenct.com

Posted

She can file for them to immigrate and upon their arrive, as children of a U.S. citizen, they will be derivative citizens.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

Posted

The children can become citizens upon their mother's naturalization so long as they have not yet turned 18 years of age. However, you should consult a lawyer and arrange for the specific details to be reviewed. Immigration law is complex and it's easily worth using a lawyer whenever a person seeks an immigration benefit.

IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, the selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website: http://www.superlawyers.com/about/selection_process.html.

Asker

Posted

"The children can become citizens upon their mother's naturalization so long as they have not yet turned 18 years of age." - you mean filing of N-600?

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