Q: I got my green card through my mom who got her citizenship this year. I have already spent 4 years in the USA.
I arrived in the USA in June 2018. I applied for my green card in September 2020. Until now I did not receive my green card. Since I already spent 4 Years in Usa and my mom is a US citizen, do you think that I'm eligible to fill out a citizenship application?
A: There is not information to know whether you derived U.S. citizenship through your mother when she naturalized, as this depends on a number of factors. I’m also uncertain if you applied for adjustment of status or an immigrant visa and your case was approved but you just never received your green card, or if your case is still pending and has not actually been approved. You should consult with an immigration attorney to determine the best way to proceed.
A: If your mother became a U.S. citizen, you acquire U.S. citizenship if you are a permanent resident living in the U.S. in the legal and physical custody of your mother and are under 18 years old. If you are 18 year of age or older you cannot derive citizenship through your mother.
More information is needed. It is possible that you’re ineligible to get lawful permanent resident status, while you are in the U.S. A delay can be based upon the fact that you are subject to visa quotas, so USCIS is in no hurry to make a decision. If so, you seem to have overstayed. This means that if you depart the U.S., you can be barred from immigration for ten years.
As a result, I strongly recommend an appointment with a competent and experienced immigration attorney before there are any other complications. You may need to consider other immigration options.
The above is general information, not legal advice, and does not create an attorney client relationship.
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