Legal Question in Immigration Law in New York
Deportation / Immigration
My brother is currently being held at a correctional facility. He has been in the states since he was 7. My parents divorced and my father became a citizen a year after the divorce. Does that make him a citizen? Also, if I have all the documentation does he really need a lawyer to appear on his behalf at his hearing? Are there any additional advantages of have legal representation?
3 Answers from Attorneys
Re: Deportation / Immigration
If both parents are foreign nationals, the child derives citizenship when both parents naturalize.
Where the parents are legally separated or divorced, the child may become a citizen upon the naturalization of the parent who has custody of the child.
I handle these cases regularly.
Matthew Kolken
www.kolkenandkolken.com
Re: Deportation / Immigration
Your brother absolutely needs representation. There is too much at stake to try this alone. If you need an affordable lawyer, let me know the details of the hearing (where, when, etc.)
Re: Deportation / Immigration
Issues about derivative citizenship and acquisition of citizenship are the most difficult areas of immigration law. Whether your brother is automatically a citizen based upon your father's naturalization depends on several factors. Citizenship law is very complicated and it would be in your brother's best interest to consult an experienced immigration attorney.
We specialize in immigration law and have successfully represented many individuals in your bother's situation. Feel free to visit our website at http://www.thakerlaw.com to learn more about citizenship and naturalization. Should you wish to consult us, feel free to contact us.
Best wishes!
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