How can we get a Derivative Citizen released? 2 Answers as of March 17, 2011

My husband is in immigration jail but we just found out he is a derivative USC. What is the fastest way to get him released?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
You have to file for an immediate bond hearing, and bring forward the proof that he is a derivative U.S. citizen. He would have to show that his parents timely filed for his formal naturalization when they brought him. I would have to know a lot more, but I would be glad to help. Call or e-mail me, to set up a consultation.
Answer Applies to: California
Replied: 3/17/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
At the very least you have to file documents showing that there is a prima facia eligibility for derivative citizenship. Depending on why/how you believe he is a U.S. Citizen, this would include his birth certificate and the Naturalization Applications of his parent or parents, and also his Green Card. If you believe he was a citizen at birth, you may also have to prove his parent or parents had the required presence in the US before he was born. This is the type of matter you should retain an immigrant attorney to handle.
Answer Applies to: California
Replied: 3/14/2011
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