QUESTION
If someone was carried across the border at 9 months old and has lived in the US ever since can he or she gain citizenship?
Asked on Feb 11th, 2012 on Immigration - Georgia
More details to this question:
If he or she has lived here all their lives here, went to school, paid taxes and held jobs, shouldn't he or she be able to become a US citizen? Having never known or seen their native land to send them back there by force seems ridiculous.
6 ANSWERS
Leon Wildes
No. It requires a lawful entry and inspection.
Answered on Feb 28th, 2012 at 9:46 PM
No, there is no qualification for legalization at this time, given those facts.
Answered on Feb 27th, 2012 at 4:15 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
May be ridiculous but there is no automatic citizenship or even a green card under this scenario. Congress had considered the DREAM Act which would help you but this is not yet law
Answered on Feb 24th, 2012 at 11:39 AM
LCA Audits and Investigations Attorney serving Houston, TX
at
Fong Ilagan
Update Your Profile
From the facts you state, no, there is no law to grant permanent residence or citizenship in this case. No difference in this case than many others after turning 18. Consult with an attorney, as these are very fact-specific cases.
Answered on Feb 24th, 2012 at 8:00 AM
Most fair-minded people would agree that the person you described should have a path to become a U.S. citizen, and that removing him/her to a native country he/she does not know would be ridiculous. Current immigration laws, however, would treat that person as having entered unlawfully and without inspection, with potentially very harsh consequences, including, for example, if that person remained unlawfully present in the U.S. as an adult for more than a year, he/she may be subject to a very harsh 10-year bar to re-entering the U.S. Our current immigration legal system is broken and our nation needs Comprehensive Immigration Reform. Nonetheless, depending upon such things as the date the person entered the country and whether certain types of applications may have been filed for him/her long ago, there may be some solutions. There is no substitute for that person engaging an immigration attorney to carefully review all of the relevant details and to assess possible options and strategies.
Answered on Feb 24th, 2012 at 7:43 AM
Intellectual Property Attorney serving Menlo Park, CA
at
Sheppard Mullin
Update Your Profile
They do not gain permanent resident or citizenship status even if they came here when they were young and have been living here for their whole life(there are certain exceptions if they came before 1972).
Answered on Feb 24th, 2012 at 7:43 AM