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Adopted emigré must apply to be citizen

Mae Cheng

July 3, 2005

I emigrated from the United Kingdom in 1970 when I was 7. I have been a U.S. permanent resident since that time. My parents, who are both British, divorced in the early 1970s. My mother married a U.S. citizen in 1974. He legally adopted me. Since my mother did not become an American citizen until I was in my 20s, I assumed I would have to pursue U.S. citizenship on my own. However, when I recently began filling out the citizenship form, I came across information that seems to indicate I could already have been a citizen through my status as the adopted child of an American. Is this true?

Under today's immigration laws, if a U.S. citizen adopts a child, then the child would automatically become a citizen once the adoption is completed, said Lenni Benson, a New York Law School immigration law professor.

But the law in 1974, at the time your mother remarried, was that your parents would have had to apply for you to become a citizen, according to Benson. In addition, your mother would have had to have been a citizen by your 18th birthday for you to qualify for citizenship through your parents being Americans.



My stepfather petitioned some years ago for my mother and me to become U.S. permanent residents. But before the application was processed, my stepfather abandoned us. I was sent a letter in April 2004, stating that his petition for me was denied and that I had a month to leave the United States. I instead left in October. Prior to this, I had overstayed my tourist visa, which expired in 1993. My mother is still in the United States. Is there any way I can get another tourist visa to visit my mother, who is very ill?

You could try to get a tourist visa, but you may have a hard time convincing U.S. immigration officials that you would not overstay your visa again, said Carmen Maquilon, director of legal services with Catholic Charities at the Diocese of Rockville Centre.

Another problem may arise because it sounds like your mother may be illegally in the United States, Maquilon said. It may be difficult to convince immigration officials that you won't stay illegally in the United States if your mother already has.

You could seek a tourist visa on a humanitarian basis if your mother can get letters from her hospital or doctors to show how ill she is, Maquilon suggested. You also would need to demonstrate ties to your home country, factors suggesting you would be likely to return once your tourist visa expired. For example, you might want to show that you have a job or close family ties back home.



My husband and I have green cards, which prove our U.S. permanent resident status in the United States. We got them in 1987. I have heard many times that green cards need to be replaced on the expiration date, but our cards do not have any expiration date. What should we do?

You are required to get new green cards if there is an expiration date on your cards, said Raluca Oncioiu, director of the immigration program with Catholic Charities Community Services at the New York Archdiocese. Also, older green cards labeled as AR-3, AR-103 or I-151 need to be replaced, she said.

You and your husband should be fine with your green cards, but if you want to be safe, you can apply for replacement green cards, which can be done by filing the I-90 form, Oncioiu said. The new cards expire after 10 years