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I am advocating for a refugee family who has been in the country

6 years. Their daughter...
I am advocating for a refugee family who has been in the country 6 years. Their daughter who is 13 is severely disabled with CP. She has been receiving SSI but recently got a letter that said she would no longer be eligible as of Sept 2014 unless she is a US citizen. The mother is single with 7 children, 4-15. Last year was the first year she was able to go to ESL classes consistently. She does not have enough English to pass a citizenship test but wants to become a citizen as soon as she is able. The question is if the daughter can become a citizen before her mother does. Thank you for your help in advance. Cathy
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Answered in 3 minutes by:
8/19/2013
Expert James
Expert James, Lawyer
Category: Immigration Law
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Thank you for using this service. I'll do my best to answer your questions as completely and honestly as I can. All I ask in return is that you give me a positive rating for my customer service. This is the only way I get credit for assisting you. If you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further. Please remember that the law sometimes does not have a satisfactory solution for your issue; unfortunately, this is something I cannot control.

 

In what status is the child now? Permanent Resident with a green card? If so, for how long has the child been a permanent resident?

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Customer reply replied 4 years ago


She is a Permanent Resident. As far as I know she has had her card since arriving in Sept 2007. I've only been working with the family for the last year. I have seen the card but not sure how they are awarded.

If the child has been a permanent resident for at least 5 years, then she is eligible to apply for naturalization on her own. It does not require the mother to become a US citizen, if the mother is not yet eligible to do so.

You can look at the green card itself, to determine how long the child has been a permanent resident. Then add 5 years from that date to determine when she is eligible to naturalize.

NOTE: The application (N-400) itself can be filed 90 days prior to completion of the 5th year, to start the processing. So at 4 years, 275 days, the naturalization application can be submitted.

I hope I have answered your questions. Keep in mind that I only get credit for my work if you rate me positively. If you're satisfied with my answer and my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. Again, if you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further. Remember that the bottom two negative ratings are used for Experts or professionals who are rude and/or bad at their job, and I'm confident you'll find me to be professional and truthful with you.

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If you want me to answer questions in the future, you can write "FOR LONGHORN" at the beginning of your question, or go directly to my question page here: Ask Longhorn Lawyer

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Customer reply replied 4 years ago


Can I ask you another question? The mother's mother currently lives in Burundi. How would we go about bringing her to this country?

Unfortunately, follow-up questions must be directly related to the original question you asked. If your question is unrelated to the first, then it should be asked in a new, separate thread.

Because this is a new, unrelated question to the first, I am not allowed to answer it in this thread. My hands are tied in this regard, unfortunately.

So please rate my efforts to assist you on this question, and then you can go here to ask me the second question: Ask Longhorn Lawyer

Thank you!
Expert James
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Customer reply replied 4 years ago


I understand. For my own edification could you tell me how Permanent Resident cards are awarded? What is the difference between a Permanent Resident card and a Green Card? I think that's related to this issue.

There is no difference between a permanent resident card and a green card. Green card is the more commonly known term, and alien resident/permanent resident card is the actual term for the document, but they are one and the same.

I hope I have answered your questions. Keep in mind that I only get credit for my work if you rate me positively. If you're satisfied with my answer and my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. Again, if you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further. Remember that the bottom two negative ratings are used for Experts or professionals who are rude and/or bad at their job, and I'm confident you'll find me to be professional and truthful with you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, you can write "FOR LONGHORN" at the beginning of your question, or go directly to my question page here: Ask Longhorn Lawyer

Thank you!
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Please do not be sorry about giving me a positive rating for my customer service. I work really hard to be courteous and professional, and I believe I was both. But I am human too, and sometimes, I make an oversight here and there. Generally, when that happens, Customers come right back and ask for clarification or point out that they have found contradictory information - even after they have given a positive rating. You always have the option of asking follow-up or clarification questions, even after you've given a rating.

As to your follow-up question, it appears to me to be a social security benefits question, not an immigration question. I might me mistaken, so please clarify what your follow-up immigration question is.
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Expert James
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