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Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 3803
Experience:  Private practice in several areas, including immigration
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My mother just received her US passport (She is 83) because

Customer Question

Good Day, My mother just received her US passport (She is 83) because she only found out revently that her mother was a US Citizen. She doesnt fullfill the 10 years physical presence needed for MY application. I find this unfair because how could she reside there if she was unaware of her US Citizenship? Isnt it that the double constructive retention doctrine would apply here and how do I apply this?
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Customer: Good Day, My mother just received her US passport (She is 83) because she only found out revently that her mother was a US Citizen. She doesnt fullfill the 10 years physical presence needed for MY application. I find this unfair because how could she reside there if she was unaware of her US Citizenship? Isnt it that the double constructive retention doctrine would apply here and how do I apply this?
JA: OK. To minimize me, please click the down arrow at the top right corner of this box.
Customer: Hello?
JA: Hello. What seems to be the problem?
Customer: Hi, the problem that they gace the passport to my mother but not to me, because my mother doesnt fulffill the 10 years of physical presence.were you able to read my case?
JA: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?
Customer: not yet, only directly at a US Embassy
JA: Have you talked to a lawyer yet?
Customer: not yet, I feel that if the law is written black on white, that I would lose my time and money hiring a lawyer.. I would do it if I was certain that there is a solution to it,
JA: Anything else you want the lawyer to know before I connect you?
Customer: If its Mr. Guillermo, he has an post on that topic already and is saying that it is very difficult this way and that he is not expert at it. But please go ahead
Submitted: 1 month ago.
Category: Immigration Law
Expert:  Judith replied 1 month ago.

Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

Expert:  Judith replied 1 month ago.

Good morning, yes, double constructive retention doctrine would apply to you IF you applied for the Certificate of Naturalization before you turned 18.

Since your mother is 83, I am assuming you are over the age of 18.

Despite the likelihood of a denial, you can still apply and then appeal in federal court if you get a negative determination.

Would you like the link to the procedure for applying?

Judith

Customer: replied 1 month ago.
Thank you. How could she take action if she was not allowed to reside in the USA, plus she never knew about her mothers citizenship until recently?? BTW my date of birth for your review is Sept.1964. Only my mother and grandmother are US Citizens. Grandmother born and raised in US. My mother born and raised in Canada. She or I never resided in USA. Yes please give the link for the procedure for applying.
Expert:  Judith replied 1 month ago.

I totally agree with you that logically speaking your mother couldn't receive all the benefits as a US citizen if she had not knowledge of her status.

People often believe the law should be fair, but unfortunately often there is no logic or fairness in how the law is applied.

Please be so kind as to give me a few minutes to go through my bookmarks for the helpful information for you to follow.

I am going to search now, so stay with me on line.

Judith

Customer: replied 1 month ago.
Thanks
Expert:  Judith replied 1 month ago.

I have found a couple of links I am reviewing first. I have found a case almost identical to yours. I am reading it now.

Customer: replied 1 month ago.
I have read a similar case as well from Guillermo J. Senmartin, Esq. replied 4 years ago. It says you have to rpove to A Consulate or INS (which is now USCIS I believe). I did the Embassy part, and they gave it to my mom, but not to me as I couldn't prove my mom's 10 years of physical presence. I really intend to take it to the next level as one again, if she would have known about her mom's US citizenship she would have taken action, so they should excuse that! But my question is where should I apply now to prove my case as it seems that it would be best that I appear in front of an immigration officer to push my case?
Customer: replied 1 month ago.
By the way, I have paid 35$ and I am just hoping that those questions are included in the 35$?
Expert:  Judith replied 1 month ago.

Since you have concerns about payment, I will wait until you contact customer service and find out what your payment arrangements with JA are.

I am an independent attorney and have not access to account information or your payment options.

http://ww2.justanswer.com/help

Once you have received information on whether this question is covered by what you have paid I will proceed.

We only receive compensation for our work if you rate at 5 star. I do not want to invest a ton of time only to find out you don't want to pay if it is not covered by your previous payment to the site.

Let me know if you want to proceed after contacting customer card.

Judith

Customer: replied 1 month ago.
Ok I call and come back to you right away. thank you
Expert:  Expert James replied 1 month ago.

Judith opted out. How can I help you?

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