Q: Where can I get immigration advice?
My husband is not a US citizen when his mother did his green card information the birthdate does not match his Mexican birth certificate. He has a social and ID and we pay taxes and own a home. I am a US citizen and we have been married since 2003. Now that the real ID will be a requirement that poses a problem. All of his siblings were born here in CA except for him. His mother is a Mexican citizen but his father is a US citizen. He was born in Mexico because his mother had to go back home to take care of a family member. He has been in the US since he was 3 years old. Wouldn’t this make him a dual citizen since one parent is Mexican and one is American?
A:
More information is needed. We need to know more about his father.
In addition, he is subject to the law before the Child Citizenship Protection Act, since he was over 18 years old at the time of enactment. He may have other issues that can create complications, perhaps, deportation. I strongly recommend that he seek an appointment or teleconference with a competent and experienced immigration attorney before the situation gets more confusing.
A: Let me clarify. We should know old your husband was on February 27, 2001 according to the USCIS records and his birth records. If he was under 18 years old, then this 'may' help, but there is confusion that requires discussion and review.
A:
Your husband may be a citizen through his father, or
he can file for citizenship with his current green card, or
he can adjust status through you.
If your husband is a USC through his father, he is not eligible for the second and third option.
Consult with an experienced immigration attorney to discuss the options.
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.
