Is it possible to obtain a citizenship if I'm under age but lived here for 12 years? 9 Answers as of January 09, 2012

All immigration cases are complicated but particularly ones where someone is out of status. It is not possible to properly advise without a thorough review of your immigration history and family status, relationships, etc. It is important to do this consultation soon as certain right are only available while you are under 18 years.

People usually does not become a citizen because of the time in the U.S. First the person needs to become a resident thru a qualifying family relationship (or other remedies like U visas or VAWA). After becoming a resident, the person waits a few years (3-5 depending on how they became a permanent resident) to file for citizenship. I truly recommend you contact an immigration attorney to screen your case and all the facts and determine if you qualify to apply for residency. Please do not file anything without the advice of an immigration attorney because you may face risks of putting in deportation proceedings. Be also sure the attorney is really an attorney and is licensed. There is a lot of fraud with people portraying themselves as immigration specialists.

Generally, if your parent becomes a US citizen and you are a resident under 18 at the time, you become a citizen at the same time automatically.

Only by going outside the US because once he turns 18, he starts to accrue unlawful presence time and then it is not going to be possible at all to legalize status within the US due to the unlawful entry. But even if he goes outside the US now, the sister's petition will not help him immediately. It will take about 10-12 years. However, if he is outside the US and is eligible for college, he can try to get a student visa to come to the US and attend college.

Obtaining US citizen is generally through birth in the US or its terror ties, or petition by an immediate family member whereby the person has maintained legal resident status for the requite period then apply for US citizenship. If minor then it would have to be petition by parent who has legal resident (green-card) or US citizenship status. If not, then your friend should consult with an immigration attorney to determine what options, if any, he/she has under the US immigration laws.

Special immigrant juvenile status is an option if the child has been abused or abandoned by parents. This must be done before the minor turns 18.

Immigration matters are difficult. You have not provided enough details for a complete answer, but the things that can be done rely upon a number of facts and issues, including your friend's current immigration status. There are several ways to proceed, but you need to have him consult with an attorney to figure out which ones are possible for him. Like many attorneys we will sit down and review your friend's situation with him without charge. Your best bet is to find a good lawyer who provides advice on this kind of issue on a regular basis and review your specific facts; the lawyer will be able to give you an analysis of the law and your options.

Once his sister becomes a U.S. citizen, she could petition for your friend, but his case has a lot of issues. I would need some additional information about his entry into the United States, where his parents are, what country he is from, etc. to be able to address the question fully. The problem with a petition by a sibling is that there is a severe backlog on those visas and as such, he would not obtain legal status for about 8-10 years through his sister. The other issue is that in order to become a resident through his sister, he would have to be in lawful non-immigrant status. As he has not reached 18, he may want to consider departing the country and avoid accruing unlawful presence. I know this may not be what he wants, but it may be in his best interest. However, I strongly encourage your friend to meet with an immigration attorney and go over all his facts. He may be eligible for relief, but there is simply not enough information to answer the question.

Please have your friend have a full consult with a competent immigration attorney. You can look at AILA.org or call your local chapter of the state bar as starters. Normally you can't self petition but his sister may be able to file the I-130 petition. It will take 10 years for him to get a green card through that route. He may need to depart the US to get the card which can trigger a ten year reentry bar. So please don't do anything without a consult. The attorney will need to know: how he or she entered, criminal history, if he has been the victim of a crime, if he has 245i protection.