Legal Question in Immigration Law in California

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

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

2 Answers from Attorneys

Joseph La Costa Joseph La Costa, Attorney at Law

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

Our email: [email protected]

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Answered on 5/20/13, 7:18 pm

Marlene Hemmings Marlene Hemmings, Attorney at Law

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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Answered on 5/21/13, 11:14 am

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