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Mother is a US Citizen and I'm turning 18 years old

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  • Mother is a US Citizen and I'm turning 18 years old

    My friends mother became a US citizen in 2008 thru her dad, her son entered illegal in 1993 he was 1years old, he will be 18 years old in June and graduating from high school. My question is does he have to leave before he turns 18 back to Mexico or can he stay and wait for his mother to adjust his status? She petition her husband on Dec 2001 and her son was also on the I-130. She also petition her son again on March of 2010.

  • #2
    My friends mother became a US citizen in 2008 thru her dad, her son entered illegal in 1993 he was 1years old, he will be 18 years old in June and graduating from high school. My question is does he have to leave before he turns 18 back to Mexico or can he stay and wait for his mother to adjust his status? She petition her husband on Dec 2001 and her son was also on the I-130. She also petition her son again on March of 2010.

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    • #3
      tell her to see a lawyer immediately as this is a complicated issue- her son has a very real chance at getting a green card and a very real chance of losing his ability to do so once he turns 18.

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      • #4
        Thank you for your assistance. I found out that the mom needs to have the child apply for a passport, sending her Certificate of citizenship along with original birth certificate. This is before he turns 18 years old. Then the child can apply for N-600.

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        • #5
          I doubt if this info is accurate. Good luck on the application for US passport and Form N-600 filing. The law dramatically changed on February 27, 2001. True, an overstay is generally forgiven before an alien child turns 18. But illegal entry might not. Hope I'm wrong.

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          • #6
            Thank you all for your assistance, I just hope that he can apply for passport and hopefully adjust status here, he is going to graduate in June 23, with honors, and I hate to see him have to miss his graduation. However you all are the experts, so again thank you.

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            • #7
              May not be so, I mean as far as I'm concerned, and besides this is an anonymous online forum. We're just blindly giving opinions here without knowing all relevant facts of the case. Nothing can take the place of a face-to-face consultation with an immigration professional. Many are giving it for free initially.

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              • #8
                He should have been included on the petition with his mom. If he's eligible to file the N600, sounds like he's okay. It still wouldn't be a bad idea to have him discuss this with a reputable immigration attorney. Good luck!

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                • #9
                  He can't file the N600 unless he's an legal permanent resident first. He needs to get the green card- then he can file automatically for the N600.

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