I am an us citizen thru birth but my 3 children 15,16, and 18 are german citizen and I have not lived here 5 years before they were born. We been here since 2001 now and they still are here illegal there passports got lost in hurricane kathrina and lawyers trying to charge me 5000 a piece to get their papers, and I cant afford it. What could I do also my 18 year old had a baby 1 year ago.
How did you're kids enter the US, with their green cards or visitor's visas or (90) visa waiver as German nationals? So, when you say "their passports got lost" you mean German passports? Why not just email or call the German Embassy (Deutsche Botschaft or Konsulaat) in D.C. or elsewhere to obtain new German passports, thats not difficult, you don't need an attorney and the Embassy/Consulate staff can help you with that. Now, on the kids opportunity to get U.S. citizenship, I first want to know how they entered the US before I can give you some guidelines on that.
You should start by filing an immediate relative petition for each oth them. Once those petitions are approved they will be sent to the National Visa Center (NVC) for further processing. Once the NVC is finished then they will get their interviews in Germany, they will have to travel to get their interviews. Very important for your oldest one not to accrue more than six months of unlawful presence. It is a lot of work but definetely not 15k.
Luis A. Guerra, Esq.
Law Office of Luis A. Guerra, PA
4801 South University Dr., Suite 252
Fort Lauderdale, FL 33328
I think the lawyer you consulted may have been on the right track. You
two younger children may be able to derive citizenship through their
grandfather, but the process must be completed before they turn 18. It
is possible to request USCIS/CBP to search its records for proof of
inspection. Additionally, USCIS issued guidance after hurricane Katrina
directing its field offices to take a "generous" approach to claims
involving lost documents due to the storm.
There are obviously many considerations that need to be addressed in
this case and you should consult with a very experienced immigration
attorney. The children were in the U.S. a number of years before the
storm and you did not address their immigration status and time,
unfortunately, has not made it easier to resolve and in fact, when it
comes to your 18 year old, potentially more difficult.
You should keep in mind, however, that you are asking for work to be
done on what is essentially 3 different complicated cases and legal fees
will be commensurate with those complications. If the cases were so
simple they would have been completed already. You will need to be
prepared to addressed it financially.
Consult with an experienced immigration attorney who can explain these
options to you and how best to proceed.
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