ImmigrationTALK: Questions & Answers

May 26, 2012 News

By: Attorney Gail S. Seeram
Through this “Question & Answer” column, our goal is to answer your immigration questions. Many of you have questions on backlog time and eligibility – we seek to clarify these issues and more. We appreciate your comments and questions. If you have a question that you would like answered in this column, please email: [email protected].
Question #1:   I would like to adopt my 18-year-old nephew that lives in Guyana and bring him to the United States – can this be done?
Answer #1:    Yes, you can adopt your nephew if you meet the requirements under the law in Guyana. However, for U.S. immigration purposes, the adoption must take place before the child is age 16. So, adopting your nephew at age 18 would not allow him to be categorized as your “child” for U.S. immigration purposes. Also, there are residency requirements under the U.S. immigration laws that must be met by the petitioner and child for a non-orphan adoption.
Question #2:    My girlfriend lives in Guyana and she is pregnant. I am a U.S. citizen. When my child is born in Guyana, will my child be a U.S. citizen?
Answer #2:   The birth of a child abroad to U.S. citizen parent(s)should be reported as soon as possible so that a Consular Report of Birth Abroad can be issued as an official record of the child’s claim to U.S. citizenship. Report the birth of your child abroad at the nearest U.S. embassy or consulate. So, the answer to your question is “yes”, the child will be a U.S. citizen if all the requirements are met.
Question #3:   My green card was taken away at the U.S. border. What does this mean?
Answer #3:   First, you need to speak with an immigration attorney. You may be scheduled for a deferred inspection interview and you should take an immigration attorney with you for legal representation. During the deferred inspection interview, the officer will gather additional information to determine whether to place you in removal proceedings or to return your green card.
There are many reasons why a Custom and Border Protection officer may take away someone’s green card – these include a prior conviction, pending criminal case, length of time outside the U.S., use of fraud to obtain the green card, etc.
Question #4:   My U.S. citizen aunt sponsored my mother and our entire family? Why was my brother, who is age 22, not issued a visa at the U.S. Embassy?
Answer #4:   Generally, for a fourth preference category (U.S. citizen sponsoring brother/sister) family based petition, any children over the age of 21 at the time the visa is available, is ineligible for the immigrant visa because he is no longer considered a child under the U.S. immigration laws. However, speak with an immigration attorney regarding your brother’s eligibility under the Child Status Protection Act.

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