Legal Question in Immigration Law in New York
lost paperwork
my friend came here from venezuela in 1992 with mother and sister. went to school in florida for 4 years. however his mother lost all paperwork. he only has an expired florida id and a ss#. he tried to get a birth certificate from his embassy but it has been a two year wait with no results. tecnically he has no status here or in his home country. he has no felony convictions. he works off the books and would like to become a citizen. what can he do?
2 Answers from Attorneys
Re: lost paperwork
He cannot become a USA citizen at this time.
To become a USA citizen, a person first has to become a lawful permanent resident (get a green card).
From your question, it appears that this person is in unlawful or illegal status in the USA, and it's not clear if he can be eligible to apply for a green card. Or in other words, who can petition for him or if any relative ever petitioned for him and his mother.
Please let me know if you have any additional questions.
http://www.law-visa-usa.com
Re: lost paperwork
Your friend needs to speak with an immigration attorney to determine what his status was when he first entered the US as well as what happened with his mother's documents. If he doesn't have any paperwork from the immigration service, he can file a Freedom of Information Act request, but should speak with an attorney before doing this so that he understands the risks involved.
Please note that content of this reply does not constitute legal advice or create an Attorney/Client relationship in the absence of an agreement for legal services/retainer with my office. This is just a place to start in deciding what to ask your lawyer.
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