Legal Question in Immigration Law in California

My friend is currently an illegal immigrant. He was brought to the United States when he was 9 years old, in November of 1999 by his parents, and left here to fend for himself and his two younger siblings. His father was born in the U.S and lived here for about 30 years before he moved to Mexico. His parents have since died, and now he is trying to obtain a green card. Where should he start?


Asked on 12/14/10, 10:55 pm

2 Answers from Attorneys
Brian D. Lerner Law Offices of Brian D. Lerner, A Professional Corporation

Hello:

He may qualify for derivative citizenship. Please contact me.

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Answered on 12/19/10, 11:09 pm
Andrew Harrell W. Andrew Harrell, Attorney at Law

Yes, based on the information that you provided--offspring of a U.S. citizen who acquired the prerequisite residency in the U.S. prior to the child's birth--this individual is likely a U.S. citizen. No green card is necessary (nor would it be granted). It is important that he have evidence of the father's U.S. birth and residency as well as marriage or other recognition by the father concerning the legitimacy of the relatedness. Hopefully, the child's birth certificate will show this. One way to initiate the process is by applying for a passport.

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Answered on 12/20/10, 8:55 am


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