Will my husband be deported back to Jamaica after coming to the US on a green card? 6 Answers as of February 07, 2011

My husband is facing deportation. He is a green card holder and his stepfather signed for him to come to the US from Jamaica when he was 5 years old. At the age of 45 years old is he considered a derivative citizen?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Is his Mom a citizen as well? If he became a permanent resident, and his Mom became a citizen before his 18th birthday then he is likely a derivative citizen. Unless his stepfather adopted him he cannot derive citizenship from that relationship. He may be eligible for other relief from deportation even if he is not a derivative citizen so he should definitely consult with an immigration attorney ASAP. These are general answers only as I do not have the facts of his specific case and would have to consult with him to properly advise him.
Answer Applies to: California
Replied: 2/7/2011
Law Office of Donna Nanan, PL
Law Office of Donna Nanan, PL | Donna Nanan
Answer: Even though your husband has been in the US for 40 years he is not a US citizen unless he (or his parent) applied for citizenship and he was sworn in as a citizen. An immigration attorney could defend him for his deportation proceedings. The likelihood of success would depend on whether or not he has a criminal record and other factors.
Answer Applies to: Florida
Replied: 1/28/2011
Pauly P.A.
Pauly P.A. | Clemens W. Pauly
If your husband is in removal proceedings he is best advised to hire an immigration lawyer immediately to represent him in those proceedings. There may be relief available to your husband but that is best determined in an individual consultation with a lawyer instead of general comments from a website.
Answer Applies to: Florida
Replied: 1/28/2011
Hugo Florido ESQ.
Hugo Florido ESQ. | Hugo Florido
He may be a derivative citizen which means he could not be deported. Please consult a professional.
Answer Applies to: Florida
Replied: 1/27/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Derivative citizenship cannot be passed by a step-father. However, if your husband's mother became a citizen before your husband turned 18 years old, it is possible that he could have become a derivative citizen through her. If so, he is not deportable since he would be a U.S. Citizen. Most judges will terminate or administratively close a deportation case if the person can show prima facie eligibility. This would be proof your husband was a Green Card holder and was under 18 when his mother became a U.S. Citizen. There are other requirements that would have to be shown when filing an N-600 for a Certificate of Citizenship.
Answer Applies to: California
Replied: 1/27/2011
    Theresa E. Tilton, Attorney at Law
    Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
    He would only be a US citizen if his parents included him, as a child, on their own naturalization petitions.

    If he had possession of a green card (the physical card) as an adult, that would tend to prove that he was not a US citizen.
    Answer Applies to: Washington
    Replied: 1/27/2011
Click to View More Answers: