Can we establish citizenship for my sister and bring her back to the United States? 12 Answers as of January 16, 2011

My sister was deported 2 years ago. She had a work permit then but it expired. We have found information on our American citizen father and other sibblings. Can we establish citizenship for her and bring her back?

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Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
If she ever became a United States Citizen and you can prove that you should be able to bring her back.
Answer Applies to: Florida
Replied: 1/16/2011
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
It is possible. An exception under the law in section 212a of the Immigration & Nationality Act allows for an application for permission to file for legal residency sooner than the automatic 10-year bar by providing proof of native born citizenship. The record would have to be by proof of a public birth certificate, showing that her birth was in the USA. There are instances where that applies to U.S. territories as well, or to a U.S. citizen in a foreign country who still had established residential ties to the USA (been in the military, been out of country less than three years). There is more to consider, so if you want to consider moving forward, by all means call or e-mail me, to set up a consultation by phone, or in person.
Answer Applies to: California
Replied: 1/10/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Very possibly. We would have to analyze her eligibility and then have her apply for a U.S. passport. If we can assist you with this process contact me and we will outline the requirements.
Answer Applies to: California
Replied: 12/29/2010
The Vega Law Firm
The Vega Law Firm | Linda Vega
You probably could bring her back. However, this depends on whether your father was a citizen prior to your sister turning 18 years of age. Please call us for guidance.
Answer Applies to: Texas
Replied: 12/28/2010
Pauly P.A.
Pauly P.A. | Clemens W. Pauly
You need to contact an immigration lawyer to help you sort this out since you did not mention any details of your sister's case.
Answer Applies to: Florida
Replied: 12/28/2010
    Calderón, Racine & Derwin PLC
    Calderón, Racine & Derwin PLC | Ofelia L. Calderon
    There is simply not enough information in your post to do a citizenship analysis. Plus, the prior deport make things even more complicated. You need to see an attorney.
    Answer Applies to: Virginia
    Replied: 12/28/2010
    441 Legal Group, Inc.
    441 Legal Group, Inc. | Gareth H. Bullock
    If her citizenship can be established I don't see a reason why not.
    Answer Applies to: Florida
    Replied: 12/27/2010
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    It depends on how she was deported. Whether she chose voluntary leave or how long ago she was deported and the reason she was deported. Bottom line is that she needs a waiver in order to be admissible again for you to petition for her. If you need further assistance with waiver, feel free to contact us.
    Answer Applies to: Florida
    Replied: 12/27/2010
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    If your sister was deported, she will likely have to wait for the expiration of the 10 year bar that presumably applies in her case before making application to return to the United States.
    Answer Applies to: Virginia
    Replied: 12/27/2010
    Marie Michaud Attorney At Law
    Marie Michaud Attorney At Law | Marie Michaud
    I need more information. I need her Date of birth. I need to know whether your dad was an American citizen before your sister was born, I need to know whether your mother was an American Citizen before your sister was born, I need to know whether your parents were married, and if so, the date they got married. If either parent were not American citizen byt he time your sister was born, I need to know when they naturalized. I need to know the Date of birth of your mom and dad, and from when to when they lived in the US before the birth of your sister. Are you sure she only had a work permit and not a green card? The laws are different every few years, and a lot depends on the status of your parents. If your sister is an American Citizen, we would need to document it. She could apply for a US passport abroad.
    Answer Applies to: California
    Replied: 12/27/2010
    Messing Law Offices, P.L.C.
    Messing Law Offices, P.L.C. | John Messing
    If you can establish citizenship for her through your father, which is something that should be reviewed with a lawyer, then there is a good chance she could return notwithstanding the prior deportation as an alien, but you will need proper proof of the citizenship claim.

    Without a retainer agreement with this office, there is no attorney client relationship, confidentiality of the attorney client relationship, or responsibility of this office for the case.
    Answer Applies to: Arizona
    Replied: 12/27/2010
    Nicastro Piscopo, APLC
    Nicastro Piscopo, APLC | Louis M. Piscopo
    Your sister's issue is very complicated and needs to be looked into by an experienced immigration attorney. The laws governing who is a U.S. citizen based on their parents depends on many factors and cannot be answered based on the limited amount of information provided.
    Answer Applies to: California
    Replied: 12/27/2010
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