Legal Question in Immigration Law in Nevada

My friend is a citizen of Mexico he is 35 his father was born in Seattle Washington. The father has long passed but my friend has his birth certificate and his social security card. Can he apply legally to live in the US.

Thank You


Asked on 8/18/15, 9:54 am

2 Answers from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

It does not appear that he is eligible through the deceased father. If one is even eligible for derivative citizenship, it usually must be done as a minor. Unfortunately, his father did not petition him for a greencard before he passed.

If he has a U.S. citizen sibling or child over 21 or U.S. citizen or U.S. Legal Permanent Resident spouse or mother, then they can petition him. There are also options for being petitioned by a U.S. employer. If he is a professional, he might be eligible for a TN visa under NAFTA. However, he is really going to need to discuss his options with an immigration attorney.

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Answered on 8/18/15, 11:24 am
Philip Eichorn Hammond Law Group

With all due respect to prior counsel, your friend may be a derivative (or automatic) citizen depending on certain facts that were present at the time of his birth and that law in place at the time of his birth. Please have him contact us.

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Answered on 8/18/15, 12:50 pm


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