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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 107604
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I have a quesiton regarding my immigration status. I came to

Customer Question

Hi,
I have a quesiton regarding my immigration status.
I came to California when I was 13 as a visitor from S. Korea.
I was then adopted to my aunt and uncle who were U.S. citizens in California when I was 14. The whole adoption process took about 2 years and was completed after I became 16, which is why I missed the opportunity of being naturalized automatically.
After my adoption process was completed, state of california had issued me a U.S. birth certificate in blue letter and SSN, but I still do not know what VISA status or resident status I am holding right now.
With the U.S. Birth Certificate issued by state of California, will I be eligible to apply for a Permenant Residency in California?
If so, what are the processes involved in applying for it?
Thank you so much for your time and effort.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

What visa did you use to enter the U.S.? Did anyone file an I-485 for you?

Customer: replied 1 year ago.
I believe that I came here with a visitor B VISA.
No. We have not filed an I-485 yet.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

In what year was your adoption completed? If it was too early, back then adoption did not confer automatic U.S. Citizenship. So you would most likely have had to have applied for Residency first. And no one file an I-130 for you either?

Customer: replied 1 year ago.
My adoption process was completed back in 2006. I believed that my copy of birth certificate was issued in the same year or the follwoing year.My adoptive parents and I did not have the best parent-son relationship after I went to a college, so no one had bothered to file an I-130 or I-485.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

And what country are you from?

Customer: replied 1 year ago.
I came from south korea.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Sorry for the delay. I was doing some research. It’s somewhat complicated. First, you need to find out what if anything was filed for you with immigration and how you actually entered. You can file a G-639 Freedom Of Information Act (FOIA) request and get a complete copy of your immigration file which should include the information that you seek. It is free but may take 2 to 3 months or more to process. Here is a link:

http://www.uscis.gov/g-639

If you determine that an I-600 or I-600A was filed for you, then you most likely entered with an immigrant visa. Here is a link:

http://www.uscis.gov/adoption/bringing-your-internationally-adopted-child-united-states/after-your-child-enters-united-states

At that point, you were a U.S. Lawful Permanent Resident when you entered and you just need to file an N-600 to get a Certificate of U.S. Citizenship.

If it is determined that you entered on a B-2 tourist visa and they filed an I-130 for you, then you are still ok, but you need to file an I-485 to get Lawful Permanent Residency status. You won’t be able to get U.S. Citizenship automatically because you are over 18, but you would just have to wait a few years to apply for U.S. Citizenship.

If it is determined that you entered on a B-2 and an I-130 was not filed for you before you turned 21, then you may be in trouble and you should hire an immigration attorney to review your file and see what limited options may be available to you. You can look for one at www.ailalawyer.com.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!