Q: My daughter entered THE LOTTERY in Canada. I'm a citizen, can I also file form I-130 ?
My question is, would it be helpful, or might it be illegal.
I was born in Cuba, arrived here in 1962, married a canadian and became a citizen of Canada. my daughters were born there.
I returned to the U.S. in late 1980's, subsequently I became a U.S. citizen. I'm now married to an American.
A: Yes you can file an I 130 for your daughter, but if she is over the age of 21, and if she is married, her place in line will be further back and it may take a few years before it is her turn in line.
Ms Grace I Gardiner agrees with this answer
A: Of course you can file Form I-130 for your daughter(s). You may also wish to schedule a consultation with an immigration attorney to flush out other possibilities. When your children were born, and I'm uncertain whether at the time of their births Cuba had an embassy in Canada, did you register their births with the Cuban embassy/consulate? If so, do you know if the consular certificates documenting the children’s births to you (presumably still then a Cuban citizen) get formally registered in Cuba by the Cuban Ministry of Justice. I am simply wondering whether your children have a claim to Cuban citizenship and, if they are present currently in the United States following a lawful admission, eligible for adjustment of status under the Cuban Adjustment Act. Something to explore, and thus perhaps a reason for a consultation.
Ms Grace I Gardiner agrees with this answer
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