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How can I get citizenship for my kids?

Slidell, LA |

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.

also they arrived in the US on a visitor visa I think it was I93

Attorney Answers 7

Posted

You already have lawyer.

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Posted

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
Atrium Centre
4801 South University Dr., Suite 252
Fort Lauderdale, FL 33328
(954)434-5800
www.guerralegal.com

Law Office of Luis A. Guerra (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.

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2 comments

Asker

Posted

thank you I will look into it

Kevin Lawrence Dixler

Kevin Lawrence Dixler

Posted

This will be necessary if you cannot secure an I-94 replacement. It also may end up less expensive, perhaps, but you should retain an attorney, who understands the situation.

Posted

I answered your question already.
___________________
Luis A. Guerra, Esq.
Law Office of Luis A. Guerra, PA
Atrium Centre
4801 South University Dr., Suite 252
Fort Lauderdale, FL 33328
(954)434-5800
www.guerralegal.com

Law Office of Luis A. Guerra (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.

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Posted

See my answer.
___________________
Luis A. Guerra, Esq.
Law Office of Luis A. Guerra, PA
Atrium Centre
4801 South University Dr., Suite 252
Fort Lauderdale, FL 33328
(954)434-5800
www.guerralegal.com

Law Office of Luis A. Guerra (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.

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Posted

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.

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4 comments

Asker

Posted

yes they came here with German passports with the 90 visa waiver I already called the German Embassy to get them new passports

Haroen Calehr

Haroen Calehr

Posted

ok, so they legally entered the US, i.e. they were "admited" into the US which is a term of art in immigration.law BUT they entered on visa waivers. So, you're a US citizen by birth, you did not naturalize correct? And the other parent, a German national? Did you ever try to apply for their US passports at the US Embassy/Consulate in Germany?

Asker

Posted

I'm a citizen thru birth not naturalized, my mother is German and my father was an american soldier which made me a citizen. I never tried to apply for their US passports the lawyer we consulted told us we could have applied if they had a visa or anything showing that they are here legal.

Haroen Calehr

Haroen Calehr

Posted

I see. Thanks, Well, your kids legally entered the country, i.e. they were "admitted" but they were admitted on their visa waiver German passports 90 day visas. They are also "immediate relatives" and under the immigration laws as children of US citizens. Visa waiver entrants can only adjust their status, i.e. apply for green cards ONLY if they are "immediate relatives." If not, they are penalized for having overstayed their visa waivers and cannot adjust their status or change to another non-immigrant status AT ALL BUT there is an exception for immediate relatives which they are as children of US citizens. They are currently out of status (I prefer this terminology instead of "illegal") now since they overstayed their I-94W (the card they got when they first entered the US). However, they also entered the country legally, i.e. were admitted and therefore they could apply here through you for their green cards. If you like, please email me at my office email address and we can further discuss/explore options for them, regards.

Posted

See my comment, above.

This is general information, not legal advice, and does not create an attorney client relationship.

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Posted

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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