QUESTION

Youth in lockup wants citizenship is this possible?

Asked on May 13th, 2013 on Immigration - Texas
More details to this question:
I have a student who is in lockup and under 18. He is not a citizen and wants to know if he can study to get his citizenship test and take it. Can he do this when he is released or does a conviction as a juvenile prohibit citizenship?
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3 ANSWERS

Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. Assuming that the youth has a green card, it would depend on how he received his green card. If his parents are already U.S. citizens, he may be able to obtain derivative citizenship through his parents. Otherwise, he would have to wait until he is at least 18 years old to apply. His juvenile criminal history should not be a problem depending on the crimes he has been convicted of. I strongly suggest that he contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding his situation. He/she would then be in a better position to analyze his case and advise him of his options.
Answered on May 15th, 2013 at 7:16 AM

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Intellectual Property Attorney serving Menlo Park, CA at Sheppard Mullin
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An alien may apply for US citizenship after the 18th birthday provided the person is eligible. Your student may obtain his US citizenship derivatively from his USC parents. You should consult an immigration lawyer for advise.
Answered on May 15th, 2013 at 6:02 AM

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If he is a green card holder and one of his parents is a US citizen, he is already a citizen by law and does not need to apply for naturalization. He can apply for proof of his citizenship on form N-600 or he can apply for a US passport. If the above does not apply to him, then he must wait until he is at least 18 years of age before he can apply for naturalization on form N-400. He should not apply for naturalization while he is still in custody.
Answered on May 15th, 2013 at 5:45 AM

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