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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109290
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I was born Apr 1961/ US Army hospital Munich Germany (German

Customer Question

I was born Apr 1961/ US Army hospital Munich Germany (German citizen)
my father joined US Army 1. sept 1952
I know it takes 10 years to pass on citizenship (law is not retroactive, changed to 5 years in 1986)
I guess his Naturalization date 1957 does not matter
also because my brother was born 1965 in same hospital and he was US citizen at birth
My dad fled from Cecheslowakia in April 1951 to Germany
I have his military records and a statement
illegal crossing Cech border, american confinement Apr1951
would this time qualify, cause the I could obviosly get citizenship
so this text american confinement Apr1951 (in Germany) is so IMPORTANT !!
what are my chances ??????
thx
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Expert James replied 2 years ago.
Hello, I am James. I will be helping you today. I do not get a salary here. But just like you, I want to get credit for doing my job. You are the only person who can help me get credit before leaving this site today. So please do not forget to do that by giving me a positive rating with 3 or more stars or any of the smiling faces. Also, if you want me to be your personal immigration Expert, just write “FOR JAMES" at the beginning of any future, new questions, and I will be happy to help you as your personal Expert. Please answer the following: Were your parents married when you were born?
Customer: replied 2 years ago.
yes
my mom is german citizen, she never wanted to get naturalized
Expert:  Expert James replied 2 years ago.
Where are you now?
Customer: replied 2 years ago.
visiting US / Florida for ten days;
I live in Munich Germany
working ther for 35 years for Siemens, but got layed off
looking for work opportunity in USA, but need citizenship
i have all docs
like birth cerificate
naturalisation
military records
can you evalute / comment that one statement, also attached doc, very bottom
what do you thing, does this "usa association" cout to fill up the ten years, just missing a few months
Expert:  Guillermo J. Senmartin, Esq. replied 2 years 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.
I am a new expert and I will try to help you, but unfortunately, I don't think you have any chance at all. Are either of your father's parents U.S. Citizens?
Customer: replied 2 years ago.
For James
Hi, just give me a rough estimate how long it will take to answer !
all I got was a follow up question
thx
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
James opted out which means that he did not want to continue with the question for some reason. I am here now if you would like to continue with me. I just ask that if the answer is no, that you do not qualify, that you do not shoot the messenger. Are either of your grand parents from your father's side U.S. Citizens? If not, we may have to look for an alternative to get you to the U.S.
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
It's really annoying when you try to help someone and they ignore you. Are either of your paternal grandparents U.S. Citizens? If not, what level of education do you have? Do you have money to invest? How much? I want to help, but you aren't making it easy. Hope to hear from you soon.
Customer: replied 2 years ago.
this is my respomse from yesterday morning
education : junior collage graduate (Germany)
35+ years experiance in telecommunication
grandparents / all 4 are European
no I do not want to invest
what exactly defines the ten years to pass on citizenship
all 10 years in military service ? (what law/ paragraph, do you have web link so I can read up on the termology
or an assiciation with USA like stated prev. ?I was born Apr 1961/ US Army hospital Munich Germany (German citizen)
my father joined US Army 1. sept 1952I know it takes 10 years to pass on citizenship (law is not retroactive, changed to 5 years in 1986)I guess his Naturalization date 1957 does not matter
also because my brother was born 1965 in same hospital and he was US citizen at birthMy dad fled from Cecheslowakia in April 1951 to Germany
I have his military records and a statement
illegal crossing Cech border, american confinement Apr1951
would this time qualify, cause the I could obviosly get citizenship
so this text american confinement Apr1951 (in Germany) is so IMPORTANT !!what are my chances ??????
thx
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
Thank you for responding. Here is the link that I use and I turn your attention to the 6th page: http://dc.fd.org/library/naturalization%20chart.pdf Here is the law where you can look on the 20th page: http://www.state.gov/documents/organization/86757.pdf As you can see, it specifies that only periods of actual U.S. Military service counts. The theory is that to pass on U.S. Citizenship, one must be exposed to the U.S. culture and the like to know what it is to be a U.S. Citizen and pass it on. While you could argue that American confinement is exposure, it may be a stretch. You can try it if you like. If it doesn't work, then you will be left with the general ways that everyone else has to get a green card. There are generally 5 avenues to obtain U.S. Lawful Permanent Residency. They are through family, through employment, through Asylum or refugee process, through investment, or through the lottery. For family, it must be immediate family such as U.S. Citizen spouse or U.S. Citizen children over 21 in order to be able to come immediately. U.S. Citizen or Lawful Permanent Resident parents or U.S. Citizen siblings, or Lawful Permanent Resident spouses can also help you, but the wait for that is about 4 to 12 years or so. Through employment, you would have to generally prove that you would not be taking away a job from a U.S. worker and the less experience and education you have, the harder that is to do. Through Asylum or Refugee process, you must prove that you will be persecuted, tortured or killed if you stay in your country and that this will happen to you because of your nationality, race, religion, political opinion, or membership in a particular social group, not because you would run the same risk as anyone else in your country to fall victim to a crime or bad economic conditions. Through investment, you are looking at generally $1,000,000.00 for a residency, or $500,000.00 in an area designated as a high-employment area, plus in both cases the investment has to create 10 or more jobs for U.S. workers. And through the lottery, it would be very difficult to win one of the 50,000 visas available per year and some countries do not qualify. Here is a link to the different forms to get a green card: http://www.uscis.gov/greencard Then there are some visas available where you can stay temporarily and then later change to Lawful Permanent Residency if you qualify.Some of the visas available through employment (if you have a job offer and you qualify) are:H-1B for professional workersH-2A for seasonal agricultural workersH-2B for seasonal nonagricultural workersH-3 for industrial traineesThen there are the F-1 and M-1 for students and J-1 for exchange visitors.And then there is the E-1 for treaty traders and E-2 for treaty investors (these types of visas are not available in all countries).Here is a link to most of the available visas: http://travel.state.gov/content/visas/english/general/visa-wizard.html It seems that you may be eligible for an H-1B visa because you could take your education plus 3 years of experience for each year you are missing from a bachelor's degree and could use that to show that you have the equivalent of a bachelor's degree. You need to get a job offer. The job offer must be for a company that is offering a position that is related to your degree and experience. The position must normally require a bachelor's degree or higher. The company must have a need for someone in that position and must have the resources to be able to pay you what is normally paid to someone in that position. Also, because they are used up for this year, you will need to apply on April 1, 2016 to start working on October 1, 2016 or later. The exception is if you apply for a cap-exempt job and those are at an institution of higher education or its affiliated or related nonprofit entities or a nonprofit research organization, or a government research organization. Those are not subject to this numerical cap. Here is an official link to the H-1B: http://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-dod-cooperative-research-and-development-project-workers-and-fashion-models 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 2 years 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!
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
Thank you for your kindness and respect. Good luck to you.
Customer: replied 2 years ago.
normally I'm quicker in response; keep in mind I'm on vacation in USA, in some motels with very poor Wifi/internetThis issue is important to me; I need in depth advice
I would like to follow up on the statement
"it's a strech"
I need your in-depth advise how to persue
this american confinement and the very positive experiamce my dad had during confinement made him join the US forces 1952
it might be a long shot, but this is what confinced my dad
and I do understand the law is digital, yes or no; but with your expertise please qualify my chances and the way forward on this
also : must be exposed to the U.S. culture
of course this is a given; we were exposed to military / US life for 30 years; stationed in many military bases and my US elementary and I High school years
Hint: I'm really pissed off at my dad, but I gues he did not know, that when stationen in Hohenfels , Germany, that I actually meet the requirement for Naturalisation
but we did not know that stationen in Europ counts
so I guess we forfitted that option
or would this be the second option to try again, or as said forfitted, no way around itthat is why option I is so important to methx
mike
As you can see, it specifies that only periods of actual U.S. Military service counts. The theory is that to pass on U.S. Citizenship, one must be exposed to the U.S. culture and the like to know what it is to be a U.S. Citizen and pass it on. While you could argue that American confinement is exposure, it may be a stretch. You can try it if you like.
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
Unfortunately, I cannot give you a percentage change of success. I think it would be an extremely small chance. As you have stated, it is very black and white. The law specifies U.S. Military service, not confinement. I honestly believe that would be a losing argument and if it goes before an officer or judge that is very conservative, they would need to find that confinement does not apply. IF you were to hire an attorney and that attorney were to write a brief and look up legislative intent and determine that in the spirit of the law, confinement could and should count and you got a liberal officer or judge that was convinced by that argument, then you might get it, but you are looking at spending probably $2000 to $4000 or more to take a chance that still isn't a good chance.
As to the other option, you were always eligible for immediate U.S. Lawful Permanent Residency. Since he did not apply for you before you turned 21, you lost the immediate part. You can still be applied for, but it take 7 or more years for you to get Residency and you cannot wait in the U.S. during that time.
I wish I had better news for you, but it is a difficult situation. Let me know if you need anything else, but please do not forget to rate me positively. Thank you!
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
Hello once again. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
Ok. Thank you for your kindness and respect. Good luck to you.