QUESTION
Does it help to apply for my citizenship if I came to the US as a child?
Asked on Jan 09th, 2012 on Immigration - California
More details to this question:
My good friend was brought top the US at the age of 4 from Canada. His father brought my friend, his mother and his younger brother here on a work visa. My friend legally stayed here until he was 15. At 15 his father divorced his mother and remarried with little regard for his children. His father is now a citizen but has given his boy no help!! He basically left them in a trap. They feel like US citizen and know little of Canada. The boys are now 22 and 20. Both extremely smart and had full paid scholarships that they haven't been able to use due this situation. Their Mother is now extremely ill with stage four cancer and her biggest worry is what will become of her two wonderful boys. Is there anything these boys can do to become legal? Can they apply for visas even though they are in the US? Does it help their cause that they came her legally? Any advice would be amazing.
4 ANSWERS
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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It would depend what they may qualify for under immigration law. I would have to determine if they are under the Child Status Protection Act, or possibly 245(i). What exactly did the parents apply for and when? How old were the kids when this application was put forward?
Answered on Jun 20th, 2013 at 1:24 AM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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The 20 year can still be petitioned by his father immediately if they can resolve their issues. The 22 year old must seek another avenue.
Answered on Jan 24th, 2012 at 4:53 PM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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There may be options for both kids but I would need a lot more detail to determine what they are. How and when the father obtained his green card and USC is also an interesting factor that can impact options. I appreciate that you want to help them. The best way to do that is to schedule a full consult with a competent immigration attorney who can look at all options.
Answered on Jan 24th, 2012 at 2:23 PM
If your father never legalized your status by petitioning you for a green card, you cannot just apply for US citizenship. You have to be a permanent resident for a requisite period of time first. However, since you have been unlawfully present in the US for so long and you are now over the age of 21, under the current immigration laws, the only way to legalize your status within the US is through a valid, bona fide marriage to a US citizen.
Answered on Jan 24th, 2012 at 2:04 PM