Immigration Lawyer in NYC: Citizenship and Derivative Citizenship

As experienced Immigration Lawyers in Brooklyn, NYC we know that some individuals are placed into removal proceedings and detained because they are convicted of a crime that allows a Green Card holder to be removed from this country under the law. There are occasions that a Green Card holder might be a US Citizen and not even know it because they do not have the paperwork to prove it. If it is determined that this individual is indeed a US Citizen then the removal proceedings must be dismissed and they must be released from detention.

A person is a US Citizen at birth if:

  1. This person was born in the United States or
  2. This person was born abroad to a U.S. citizen(s) who lived in (or came to) the United States for a period of time prior to the child’s birth.

Furthermore, a child who is born to one U.S. citizen parent and one alien parent or two alien parents who naturalize after the child’s birth can become a U.S. citizen by action of law on the date on which all of the following requirements have been met:

  • The child was lawfully admitted for permanent residence; and
  • Either parent was a United States citizen by birth or naturalization**; and
  • The child was still under 18 years of age; and
  • The child was not married; and
  • The child was the parent’s legitimate child or was legitimated by the parent before the child’s 16th birthday (Stepchildren or children born out of wedlock who were not legitimated before their 16th birthday do not derive United States citizenship through their parents.); and
  • The child was residing in the United States in the legal custody of the U.S. citizen parent (this includes joint custody); and
  • The child was residing in the United States in the physical custody of the U.S. citizen parent.

Please note that a child who meets these requirements before his or her 18th birthday may obtain a passport or Certificate of Citizenship at any time, even after he or she turns 18.

If a child meets the above mentioned criteria then he/she may apply for a U.S. passport as evidence of citizenship. If further evidence of citizenship is needed, submit an “Application for Certificate of Citizenship” (Form N-600) to USCIS to obtain a Certificate of Citizenship.

Contact an Experienced Immigration Lawyer in NYC Today

If you or a loved one have questions about your citizenship or are in deportation proceedings, contact one of our Immigration Lawyers in NYC immediately.

Please be advised that this is Attorney Advertising. This Advertisement is designed for general information only. The information presented in this Ad should not be construed to be neither formal legal advice nor the formation of a lawyer/client relationship. Prior results do not guarantee a similar outcome.

We are experienced Immigration Lawyers’ with offices in Brooklyn, NYC. Our firm offers reasonable fees on all Immigration cases, and offer specials currently on Permanent Resident cases starting at $3500.

This fee includes:

Preparation of all the necessary documents to complete the Permanent Residence Card Application.
Preparation of your I-130 Petition for Alien Relative; Preparation of your Spouse’s I-485 Application to Register Permanent Residence or Adjust Status; Preparation of the Biographic Information SheetsPreparation of Affidavit(s) of SupportPreparation of Employment Authorization document; Submission of Package to USCIS; Preparation for Final Green Card Interview.  Does not include preparation of Travel Authorization and additional Affidavits of Support. We charge a reasonable fee for the preparation of these documents.
For an additional fee, we will also prepare the I-601, Application for Waiver of Grounds of Inadmissibility.

This fee does not include our appearance fee at the Interview. This fee does not include filing fees. Most of our clients go to the interview on their own unless we advise against it.

Our rates compete with or are even less than document preparation services, plus, WE DO EVERYTHING.