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Hugo Florido ESQ. | Hugo Florido
No, she must obtain residency status first. Unless she is a derivative citizen , but unlikely under your scenario.
Answer Applies to: Florida
Replied: 10/4/2011
Oltarsh and Associates, PC | Jennifer Oltarsh
If your mother entered legally and has either a U.S. citizen husband or child over 21 she is eligible to apply for residence.
Answer Applies to: New York
Replied: 9/29/2011
Law Offices of Peter Y. Qiu | Peter Y. Qiu
Yes, she can by filing N-400.
Answer Applies to: Illinois
Replied: 9/29/2011
Kazmi & Sakata | Harun Kazmi
She needs lawful residency to apply for citizenship unless she can derive it from her parents.
Answer Applies to: California
Replied: 9/28/2011
World Esquire Law Firm | Aime Katambwe
You can't just get US citizenship for the asking, no matter how long you've lived here. It is the best there is in my view and it does not come not that cheap. Now, you have to begin with how she got here in the first place and who is sponsoring her for legal residency (LPR). You have to have legal residency in order to get citizenship, unless you were born here in which case your birth certificate controls. There are many steps to go through in order to achieve USC. Achieving LPR is the most important step to getting to USC unless Congress in its infinite wisdom bestows it upon you.
Answer Applies to: California
Replied: 9/28/2011
Law Office of Eric Fisher | Eric Fisher
Unless your mom's parents are US citizens, she will need to obtain lawful permanent residency first and then wait another 5 years to apply for US citizenship.
Answer Applies to: Colorado
Replied: 9/28/2011
Joseph Law Firm | Jeff Joseph
The only way to bypass residency and apply directly for citizenship is if your Mother's parents or grandparents were born in the U.S. or naturalized U.S. citizens. In certain circumstances, it is possible to derive citizenship based on the fact that her parents or grandparents were citizens. Derivative citizenship is a complicated area of law that has changed many times and the law that applies depends on the date of birth of your mother and the relative through whom she claims derivation. It is also possible to bypass citizenship by service in the U.S. military. Otherwise, she must obtain residency first before she can obtain citizenship. For more information or assistance with this case, please contact our office to schedule an appointment with one of our attorneys. We look forward to assisting you.
Answer Applies to: Colorado
Replied: 9/28/2011
Marks, Calderon, Derwin & Racine PLC | Ofelia L. Calderon
No. Everyone must apply for legal residency first. Citizenship requires either 3 or 5 years of permanent resident status, depending on how you got the permanent residence.
Answer Applies to: Virginia
Replied: 9/28/2011
The Law Office Kevin L.Dixler | Kevin Lawrence Dixler
No. She must first apply for permanent resident status. However, if she is disqualified, she may be deported. I strongly recommend an appointment before anything is filed.
Answer Applies to: Illinois
Replied: 9/28/2011
Reza Athari & Associates, PLLC | Reza Athari
No, step one is to become a permanent resident and step 2, after 5 years, apply for naturalization.
Answer Applies to: Nevada
Replied: 9/28/2011
Law Office of Christine Troy | Christine Troy
No one can skip residency, so she would need to determine a way to become a green card holder first. (There are rare instances where a person is already a USC, but that has a lot to do with parental history!)
Answer Applies to: California
Replied: 9/28/2011
Frazier, Soloway & Poorak, P.C. | David Nabow Soloway
Generally, one first must become a Lawful Permanent Resident (get a "Green Card") before becoming eligible to petition to become a naturalized citizen. The naturalization process requires an applicant to have been a Permanent Resident for five years before becoming eligible; the period is three years for certain spouses of U.S. Citizens. An applicant may file the petition 90 days before reaching the 5-year or 3-year mark. If your mother has been living in the U.S. for 20 years, it will be important to carefully review her situation before applying for Permanent Resident status. It would be wise for her to review her situation with an immigration attorney to assess eligibility. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
Answer Applies to: Georgia
Replied: 9/28/2011
