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  • Citizenship question

    Hello, my brother who is 36 years old now is facing deportation. My question is, my mother became a US citizen back in 1994 , does my brother automatically become a US citizen? Hes in jail right now and hes about to get transfer to ICE. How can we find out if he was automatically became a US citizen when my mom got her citizenship? Hes in a bad situation and he can be deported anytime. Please help!!

  • #2
    Deportation defense is not a do-it-yourself project, I recommend professional assistance because of the stakes involved. There are community organizations that will help your brother

    Because of the timing involved, he will not benefit from the Child Citizenship Act (2000) because it is not retroactive

    In 1994, a child could have acquired citizenship by derivation if he was a legal permanent resident, and either (1) both parents were citizens, or (2) one parent naturalized and the other parent was either (a) dead (b) a citizen (c) parents were legally separated and the naturalizing parent had custody

    This area of the law is complex, with many details and exceptions (eg legitimate vs illegitimate children)

    His mother might have been able to apply for his citizenship when he was under 18

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    • #3
      Originally posted by Ann Delos Santos Leones View Post
      Hello, my brother who is 36 years old now is facing deportation. My question is, my mother became a US citizen back in 1994 , does my brother automatically become a US citizen? Hes in jail right now and hes about to get transfer to ICE. How can we find out if he was automatically became a US citizen when my mom got her citizenship? Hes in a bad situation and he can be deported anytime. Please help!!
      Since he turned 18 before 2001, the previous law applies, which says that both parents must naturalize while the child is a permanent resident under 18 living in the US. Or if the parents divorced or one parent died, the parent having custody naturalized. What was the situation with his dad?

      This is my personal opinion and is not to be construed as legal advice.

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