California  |  Immigration Law

Legal Question

Asked on: 5/20/13, 7:14 pm

Hello I became a Us citizen about 5 years ago(5 year resident) and in the format N-400 I did not list my daughter wich I had not seen or heard of for 18 years , she was abducted by her mom and taken to México , my daughter is a mexican national. Just recently I received a call from my daughter and we are starting a relationship. I understand that on the application it said to list all children, but my application was prepared by an immigration /tax preparer person and even though I explain them about my daughter they told me not to complicate things More and just not to mention her because I would never see her anyways.

My question is can I still claim her and what are the issues or complications for me involved

Thank you

2 Answers


Answered on: 5/20/13, 7:18 pm by Joseph La Costa

Please contact us to discuss in detail at 619-922-5287 or my paralegal, Ramia at 619-501-1616.

Our email: joelacostaesq@gmail.com


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Joseph La Costa, Attorney at Law 7840 Mission Center Court Ste. 104 San Diego, CA 92108

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Answered on: 5/21/13, 11:14 am by Marlene Hemmings

I am not sure what you mean by "claim her"?

Also, you state she was "abducted by her mother". Does that mean you are the legally adoptive mother, and not the biological mother?

If she has not lived with you in over 18 years and is obviously now an adult, she is not going to be able to obtain derivative U.S. citizenship from you.

If you can establish she is your legally adopted or biological child, then you should be able to petition her for a "greencard", assuming there are no other issues that would make her ineligible (illegal presence, criminal record, etc).


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Marlene Hemmings, Attorney at Law 23371 Mulholland Drive, Suite 294 Woodland Hills, 91364

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