In my column This week's Consulta Migratoria® answers the question of a reader who wishes to emigrate her son.
Each case is different and the answers vary depending on each person's immigration history.
Here I provide general answers to your questions. Please consult with an immigration attorney to receive personalized legal advice before starting any procedure.
I am an American by birth living in Venezuela for many years. I am very old and because of the intolerable life in Venezuela I want to return to live in the USA.
My problem is my only son who is Venezuelan/Italian. I can't and don't want to leave him here because I need him. I have found out that a residency for my son would take years to obtain. Is there another way to shorten the long wait? -Margareth M.
Margareth, it is possible that since you are a citizen, your child acquired U.S. citizenship at birth, even though he or she was born outside the country. You should consult with a licensed U.S. immigration attorney to determine if this is the case.
The law regarding the acquisition of U.S. citizenship when a child is born abroad is complex and depends on a number of factors. When you consult with the immigration attorney you will need to provide more information about yourself and your child, including:
- Your child's date and place of birth.
- How many years you lived in the U.S. before your child was born abroad.
- How many years have you been living outside the United States.
- Whether or not you were married to the father of your child when he was born.
- The kind of work you were doing when your child was born.
The immigration attorney will then review the U.S. immigration law code to determine whether your child acquired U.S. citizenship at birth.
If your child did not become a U.S. citizen at birth, you will need to file a family petition on his or her behalf as soon as possible. The family petition will be approved if you can prove that you and your child are related and that you are a U.S. citizen.
Processing times for this type of petition depend on your child's age and marital status:
- If your child is under 21 and unmarried, the process will take approximately 12 to 18 months as immigrant visas are always available for immediate relatives of U.S. citizens.
- If your child is over 21 years old and unmarried, the process will take approximately eight years according to the January 2020 Visa Bulletin.
- If your child is over 21 and married, the process will take approximately 14 years.
Consult with an immigration attorney before beginning any immigration proceedings.
For more information and immigration tips, visit my website at Immigration Today.
Send your questions to preguntas@consultamigratoria.com. Include detailed information about your situation to better answer your questions.
Nelson A. Castillo, Esq. is an immigration attorney and author of La Tarjeta Verde: Cómo Obtener la Residencia Permanente en los Estados Unidos (Green Card: How to Obtain Permanent Residence in the United States). He is a former President of the Hispanic National Bar Association and the Westlake South Los Angeles Neighborhood Council. For information on how to consult with Dr. Castillo, click here. click here.
The purpose of this column is to provide general information. There can be no guarantee or prediction as to what will be the outcome of the information presented by Dr. Nelson A. Castillo. The information should not be taken as legal advice for any individual, case or situation. This column may be considered an advertisement under the Rules of Professional Conduct for attorneys in several states, including California and New York. Consult with an immigration attorney for personalized legal advice before beginning any immigration proceedings.