Jump to content

12 posts in this topic

Recommended Posts

Filed: Other Country: Mexico
Timeline
Posted
Sorry if this is the wrong section but this is a tricky situation and I am confused. Hopefully you guys will be able to help me. The grandmother is a US citizen who moved to Mexico and got married. She had a daughter but never did anything to get dual citizenship. The daughter grew up not knowing that her mother was a US citizen and later on had 3 kids in Mexico. We can get citzenship for the mother but we facing a problem with granting it to the son of the mother. Now we trying to see what options we have because the mother did not live in the United States prior to giving birth. Is there a way around it because she didn't know that could've been a US citizen.


Just to clarify: Generation 1 is the Grandmother who was born in the United States. Generation 2 is the Mother born in Mexico. Generation 3 is the son born in Mexico that we are trying to get Citizenship for.


Thank you guys for any help you guys offer. I know immigration is a very difficult situation. I tried looking online but I can't find much information on it.

Posted

Okay, Grandmother can confer USC at birth to her child. This means she met some residency requirements.

Grandma's child claims USC status.

But since this middle person (mother) never lived in the US, then she cannot pass on her USC status to her kids. Mother does not meet residency requirements to do this.

Mother can move to the US and then petition for her kids, then they can come live in the US as LPRs (or USC depending on their age) and then get USC after 5 years.

But without the mother moving to the US to petition, no, nothing she can do.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Posted

That's actually pretty easy. Like the above poster said, generation 2 can claim US citizenship by birth, but because she never lived in the US, she cannot pass US citizenship down to generation 3. She could immigrate to the USA legally and then petition for her children to immigrate to the US and get green cards. To become citizens, they would have to naturalize following the standard process of naturalization.

Timeline:

2005-04-14: met online

2005-09-03: met in person

2007-02-26: filed for K-1

2007-03-19: K-1 approved

2007-06-11: K-1 in hand

2007-07-03: arrived in USA

2007-07-21: got married, yay!

2007-07-28: applied for green card

2008-02-19: conditional green card in hand

2010-01-05: applied for removal of conditions

2010-06-14: 10-year green card in hand

2013-11-19: applied for US citizenship

2014-02-10: became a US citizen

2014-02-22: applied for US passport

2014-03-14: received US passport

Filed: Other Country: Mexico
Timeline
Posted

Mother is A US citizen by naturalization(did this before she knew that she was actually a citizen by birth) but cannot pass it on the son due to the son having criminal history that bars him. Note: Son has mother, sister, wife, kid under 21, kid over 21 that are all US citizens but a lawyer doesn't think that it will passed to him due to criminal history so I am trying to see if there are alternative ways. Thank you guys very much.


BTW The mother and children have lived in the US. Initially lived here illegally and gained citizenship but the son was later deported due to criminal history. Mother has lived in the United States for about 35 years. She just didn't live here until after all her kids were born.

Filed: Other Country: Mexico
Timeline
Posted

So there is no way to argue that the mother didn't live here because she didn't know it was her right to able to live here?

Another question is if its required to have lived in the states for 5 years after the age of 16 (lets says 16-21) what happens if you have a kid before the mother turns 21?

Posted

Had she claimed her USC, she wouldn't have had enough residency to give it to him anyway. You can't claim that she might have acted differently and get credit based on a hypothetical.

The guy is a deported criminal and ineligible for USC because of his crimes. He made his bed, now he has to lie in it.

You could ask a lawyer, but that is far beyond DIY.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Posted

I guess it would be a big shock to you that this nation was founded by criminals... Maybe you should look into American History and see how the king of England sent criminals here and how they made up the bulk.

So? What is your point?

US does not need more criminals who blatantly disregard the laws.

Done with K1, AOS and ROC

Filed: Country: Vietnam (no flag)
Timeline
Posted

I guess it would be a big shock to you that this nation was founded by criminals... Maybe you should look into American History and see how the king of England sent criminals here and how they made up the bulk.

This is not relevant.

Your friend's criminal record is relevant.

Don't get angry at those who are trying to help you.

You came here for an answer, and now you have it. It's the same answer your friend got from the lawyer.

Don't get mad when you don't like it pointed out that his criminal record which is causing him his problems.

Filed: Other Country: Mexico
Timeline
Posted

This is not relevant.

Your friend's criminal record is relevant.

Don't get angry at those who are trying to help you.

You came here for an answer, and now you have it. It's the same answer your friend got from the lawyer.

Don't get mad when you don't like it pointed out that his criminal record which is causing him his problems.

I didn't come to get judged. I came for help. She was rude and hates criminals. My point is that if you look at American History, the nation was founded by criminals. Criminals built this nation that everyone in the world wants to come too. People make mistakes yet she made him seem like the worst person in world. This is coming from a History major. If you want me to go in depth and explain how our nation was built and depended on criminals I will. After more research, a great answer would have been to look into an inadmissibility waiver.

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

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...