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Filed: Timeline
Posted

I have a complex case:

I came to california a year ago in a student visa to study in an international high school 2 months after my mom moved here and rented a house, she is a us citizen and my older brother are residents since they applied before me and got approved, since we were living here we decided to apply, I applied 4 months ago and I already got my work permit and I have my interview date, but the problem is that my mom went to mexico 4 months ago to bring a big electronics business form my uncle in Mexico, I am living right now in california with a very good friend of my mom but not with her, she is coming back and hopefully running the business here in california in 6 months, she might come to the interview and then go back, but my question is due to this situation is there any possibility I can get my green card denied? I really love my high school, my friends, my girlfriend, and I really love america and I see foward to being a very good citizen, Im scared, help pleas!! Im 17!

Filed: Country: Moldova
Timeline
Posted

How did your mom become a citizen? There is a chance you are a citizen. If she was a citizen when you were born and had resided in the us for at least 5 years, then she can file a consular report of birth abroad to document your citizenship.

If she naturalized then there is derived citizenship which might apply. I'm not familiar enough with it to give much good info, but you can look in the forum and Google.

Filed: AOS (pnd) Country: Mexico
Timeline
Posted

If you have entered US as an immigrant along with your parents, you were under 18 years of age, at the time of your parents Naturalization you were in the United States then you can claim your citizenship.You will have to proof to the USCIS/BCIS that you Entered US legaly received your Alien status, and since then you are residing in the United States, and you was present at the time of your parents naturalization, then you can claim your citizenship through your parents naturalization.I think you both can claim the US Citizenship, and you can also apply for the Citizenship certificate..

Filed: Country: Vietnam (no flag)
Timeline
Posted

If you have entered US as an immigrant along with your parents, you were under 18 years of age, at the time of your parents Naturalization you were in the United States then you can claim your citizenship.You will have to proof to the USCIS/BCIS that you Entered US legaly received your Alien status, and since then you are residing in the United States, and you was present at the time of your parents naturalization, then you can claim your citizenship through your parents naturalization.I think you both can claim the US Citizenship, and you can also apply for the Citizenship certificate..

No. She is not a US citizen. The Child Citizenship Act requires 4 things. One of the requirement is that the child be admitted as an LPR.

A false claim of citizenship would creat lots of trouble.

Filed: Country: Vietnam (no flag)
Timeline
Posted

I have a complex case:

I came to california a year ago in a student visa to study in an international high school 2 months after my mom moved here and rented a house, she is a us citizen and my older brother are residents since they applied before me and got approved, since we were living here we decided to apply, I applied 4 months ago and I already got my work permit and I have my interview date, but the problem is that my mom went to mexico 4 months ago to bring a big electronics business form my uncle in Mexico, I am living right now in california with a very good friend of my mom but not with her, she is coming back and hopefully running the business here in california in 6 months, she might come to the interview and then go back, but my question is due to this situation is there any possibility I can get my green card denied? I really love my high school, my friends, my girlfriend, and I really love america and I see foward to being a very good citizen, Im scared, help pleas!! Im 17!

You're fine as long as your mother is maintaining a US resident an is only temporarily out of the country on business.

Your mother needs to live in the US because the I-864 requires her to have a US domicile in order for you to get a green card.

The Child Citizenship Act requires 4 things;

1. A US parent, and

2. The child lives with the US parent, and

3. The child is under age 18, and

4. The child has been admitted as an LPR.

If you do not live with your mom after getting your green card and you turn 18, you will loses ulyour shot at autistic US citizenship.

If you fail to meet all 4 requirements, you will have to apply for naturalization years down the line.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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