Attorney answers (2)
Sorry to hear about your son's incarceration.
The information you provided is not clear. Generally, a 9 year-old child might be able to get derrivative citizenship (for example, he would become a citizen if he already was a Lawful Permanent Resident at that age, while his parents naturalized), but one must be an adult to petition for naturalization. If, in fact, your son is a U.S. Citizen, then he will be entitled to all Constitutional rights that apply to native born citizens, including the right to be free from being detained without charges. I do not know what "IC" means, but perhaps you were referring to "ICE" (Immigration and Custom Enforcement), and it may be detaining him because it does not believe he is a U.S. Citizen. It would be wise to seek a criminal defense attorney immediately, who in turn should be able to assess whether an immigration attorney's expertise is needed too. [Note: Consistent with Avvo policy, this communication is intended as general information and not as specific legal advice, and this communication does not create an attorney-client relationship.] David N. Soloway Frazier, Soloway & Poorak, PC 1800 Century Place, Suite 100 Atlanta, Georgia 30345 www.fspklaw.com 404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com
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If you son is a naturalized citizen, he should not have any immigration issues. If ICE is holding him and they know he's a citizen, they are holding him unlawfully. You should contact an attorney immediately to obtain your son''s release.
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