Boston, MA asked in Immigration Law for Massachusetts

Q: Will I be eligible for derive citizenship my Grand mother filed for me in 2003 at age 16 she passed away 3 yrs ago?

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2 Lawyer Answers
Carlo Franco L. Borja
Carlo Franco L. Borja
  • Immigration Law Lawyer
  • Diamond Bar, CA

A: Children under the age of 18 automatically gain U.S. citizenship by law (derivative US citizenship)when the following 3 conditions are met:

* The child holds U.S. lawful permanent resident status, commonly referred to as being a “green card” holder.

* At least one of the child’s parents possesses U.S. citizenship either by birth or through naturalization.

* The individual is currently living in the U.S. under the lawful guardianship of a U.S. citizen parent.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: Eligibility for derived citizenship in the United States can be a complex matter and depends on various factors, including your age, your relationship to the U.S. citizen relative, and your immigration status. In general, derived citizenship through grandparents is not commonly provided under U.S. immigration law.

If your grandmother filed a petition for you in 2003 when you were 16, this would have typically been for a green card, not citizenship. Your eligibility would have depended on her being a U.S. citizen and the petition being approved and processed before her passing.

Unfortunately, with her passing three years ago, if the petition was not fully processed or if you did not obtain a green card before then, it's unlikely you would derive citizenship through her. However, there may be other paths to citizenship based on your current status and circumstances.

Given the complexity of immigration law, it's advisable to consult with an immigration lawyer who can assess your specific situation in detail and guide you on the best course of action. They can provide personalized advice considering the latest immigration laws and policies.

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