My aunt is an immigrant but is under permanent residencey in the U.S. At the age of 16 her step father, a U.S citizen adopted her and her two older siblings. Does this qualify for citizenship in the U.S? Her adopted father died 21 years ago from a heart attack.
I don't think so. Primarily because the CCA isn't retroactive: http://travel.state.gov/content/travel/english/legal-considerations/us-citizenship-laws-policies/child-citizenship-act.html
BUT ... I suggest talking to an immigration lawyer.
ALSO ... if she has had a greencard for the last 21 years ... why didn't she file for naturalization?
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
Doubtful. To be certain, consult an immigration attorney in person as acquired citizenship laws are highly complex and fact-specific. However, once someone has been a permanent resident for five years, assuming there are no disqualifying issues such as certain criminal charges, he/she can apply for citizenship. Thus, your aunt may not be automatically a citizen but certainly can apply for citizenship now, provided she meets the other eligibility requirements. Please suggest to her a consultation with an immigration attorney. Best wishes.
Gunda J. Brost Brost Law Office This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.
I think so! If the children were under age 18 at the time of adoption and they were a legal permanent resident then they are by operation of law are a US citizen.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,nor should it be viewed as establishing an attorney client relationship of any kind.
Unfortunately, your question requires more specific information. In order to determine the answer, an immigration lawyer would have to find out what the immigration law was when your aunt was 16 years old. There is probably documentation of the adoption. It would be worthwhile for your aunt to consult an immigration attorney regarding this matter.
Baltimore County Immigration Lawyer - This answer is being given for general informational purposes only and is not protected by the attorney-client privilege since this is a public forum. The information provided does not create an attorney-client relationship. No communications with me on this forum shall be construed to form an attorney-client relationship.
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