Do I get citizenship automatically if my mother applies? 4 Answers as of May 05, 2011

I just recently moved here to the US, I wanted to know if when my mother gets her citizenship will I automatically get it as well even though I’m 21 yrs old? I have a brother by my father’s side that is now living here but doesn't have a green card, is there anyway I could help him?

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
No you will not get USC from your mother since you are over 18 years of age. So, you need to apply for it on your own if you meet all the requirements. You can then help your brother once you become a USC. Keep in mind that his process will take a long time. Good luck!
Answer Applies to: California
Replied: 5/5/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
Your brother should see if there is a way he can obtain a green card via his mother, instead of through you. This is especially true if he is under 21 at this time. Do you have any status in the US is my first question for you as this impacts what you can do and where. If you are over 21, you are not an immediate relative, so it takes longer for your mother to sponsor you. She files the first step and then you can process the second when the quota pulls up the filing date of your first step. Be careful that if you overstay in the US, you won't be able to apply for a green card in the US (with rare exception.) This means that you will trigger a three or ten year bar when you leave the US to obtain the green card. To check wait times, do to my website. Click on visa bulletin. Go to the recent bulletin, to the family based chart. Find unmarried and married adult children of US citizen. When your filing date appears in that box, you will be able to file for a green card.
Answer Applies to: California
Replied: 5/5/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
A child derives automatic citizenship through a parent's naturalization only if they are a legal permanent resident and are under 18 years old when the parent naturalizes. In you case since you are already 21 you would not become a citizen if your mother naturalizes. You cannot petition your brother since you are not a citizen. Even if you were, it would take 10-15 years before he could legally immigrant to the U.S. based on petition by you.
Answer Applies to: California
Replied: 5/5/2011
Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
Unfortunately, you are over the age of 18. The law says that if your parent naturalized before your turn 18 and you already have a green card, then you automatically becomes a US citizen. You can only help a brother if you are 21 and an American citizen.
Answer Applies to: California
Replied: 5/4/2011
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