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Citizenship Eligibility?? (merged)

By gabi333 in US Citizenship General Discussion

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gabi333 Rookie

gabi333   1

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Hi!

Is the I-130 the only option to bring adult son who has been living in the US for 6 years and had a green card, but left the country and the green card expired.

Both parents are US citizens (son was 17 when they got it) and they still live in US.

Is it possible to renew green card or adjust status or.. ? Now he is over 21 and married. Is the I-130 and 7+ years are really the only option? Thanks in advance!

Boiler Grand Master

Boiler   45,670

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You do not mention his wife, are they separated.

Yes to your question. Sooner you petition him the better.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Boiler Grand Master

Boiler   45,670

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So she wants to come as well? Your original post made it sound like it was just him.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

gabi333 Rookie

gabi333   1

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Sorry, yes they would like to come together, if possible.

I just can not believe that this I-130 applies to everybody, even if he was green card holder, 17 when parents got naturalized as citizens, go to school there, work..

It is hard to believe that he is treated as someone that has never been in the US.. and now has to wait for God knows how many years before he can enter again... :/ So, you say this is the only option?

Boiler Grand Master

Boiler   45,670

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Why did he not naturalise?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

gabi333 Rookie

gabi333   1

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Because he went back to his home country to study there, and did not enter US within a year as he supposed to. So he stayed to finish studies and then got married.. His green card expired 2013.. He made a mistake..but there must have been some way to solve it..

Boiler Grand Master

Boiler   45,670

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Posted

How old is he now, there is a route for family based petitions or he can look at a work or investment visa.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

gabi333 Rookie

gabi333   1

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Person was 17 years old when one of the parents got naturalized after living in US for 10 years or more.

And had a green card at that time, lived there with his parents.

Later he went to his home country to study and did not get naturalized automatically.

Based on the fact that he was less than 18, when his father got naturalized citizen, does he qualify for citizenship?

Is there any grounds for that now?

Naturalization of Parents ("Derivation")

When a parent naturalizes, his or her children may "derive" U.S. citizenship automatically, provided they have green cards and are under age 18 and living with the parent at the time. Becoming a U.S. citizen in this way has a special benefit

 
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