Avon, OH asked in Immigration Law for Ohio

Q: My neighbor is an 18 year old female who was adopted from Russia when she was about two years old. She lives in Avon OH

She wanted to apply for a passport to travel to Canada in June but learned she needed to submit various documentation for this. She found the necessary paper at home and learned that her Permanent Residency Card had expired in 2012. She mailed this in and now is waiting for a response. Should she follow up and submit an application for renewal of her Permanent Residency Card now or wait until she receives a response about her paperwork? Does she need to retain a lawyer to get everything resolved?

Related Topics:
2 Lawyer Answers
Yanky Perelmuter
Yanky Perelmuter
Answered
  • Immigration Law Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: She will need to retain a lawyer to properly determine the best options for her. She may or not be a U.S. citizen and there are many factors to consider when determining which process she should take.

Matthew Williams
Matthew Williams
Answered
  • Cleveland, OH
  • Licensed in Ohio

A: She should really sit down with an attorney and discuss this.

An adopted child for U.S. immigration purposes is one who satisfies is all of the following:

legally adopted under the age of 16 years

in the legal custody of the adoptive parents for at least two years; and

has resided in the physical custody of the adoptive parents for at least two years.

It is important to understand that parents do not have legal custody until they assume responsibility under the laws of the state and under the approval of a court of law or other government entity. This is true even if the child was residing with you before legal custody was granted.

A child who is an adopted child becomes a U.S. citizen when the following criteria are met:

At least one parent is a U.S. citizen, either by birth or naturalization.

The child is under 18 years of age; and

The child is lawfully admitted to the United States as a permanent resident and is in the legal and physical custody of the U.S. citizen parent.

Once the child has met all of the requirements for automatic acquisition of citizenship, he or she is a U.S. citizen but it's a good idea to apply for a certificate as evidence of this.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.