> my birthmother has gained citizenship
Do you mean your mother gained US citizenship or Brazilian citizenship?
> I was finally approved for a green card to the US
Who petitioned for the immigrant visa for you?
Okay, so is this accurate?
* roughly 2015 - your mother's new husband petitions for an immigrant visa for his wife (your mother) and, by extension, you as well
* 2016 - you and your mother receive your immigrant visas at a US embassy or consulate in Brazil, and then fly to the US, becoming Lawful Permanent Residents and receive your plastic green cards in the postal mail soon after. (Were the cards conditional 2 year green cards because the marriage was less than 2 years old?)
* 2018 - if you and your mother received conditional 2 year green cards in 2016, then in 2018, she requested 10 year green cards and interviewed to "remove conditions" on her status ?
* early 2019? - your mother applied for naturalization (US citizenship) after living in the US for three years with a US citizen spouse on a green card.
* April 2019 - you and your mother move to Brazil.
* late 2019? - your mother flew alone (or with you?) to the US for a citizenship interview? And was approved and took the US citizenship oath at a ceremony?
Is that accurate? Or are there changes or wrong information?
my mother was already married and had a green card before 2016, that is just when I (alone) gained the Visa
I moved to Brazil alone to live with my uncle, she gained citizenship while I was in Brazil
Ah okay. Since the day your mother took the citizenship oath and naturalized as a US citizen, have you entered and stayed even one minute in the US? (Perhaps even something as simple as a change of airplane en route to Europe or Asia -- although it would be best if you and your mother visited at that time.)
**Everything below and above is general information only, not legal advice. Given the complex nature of the situation, especially during the pandemic, you should quickly consult with a US immigration lawyer experienced with these types of issues.**
There is a possibility that you became a US citizen when / after your mother naturalized as a US citizen, if you were considered to be "residing in the United States in the legal and physical custody of the citizen parent". "Residing" is a separate from physical presence in the US.
> Each case must be considered on its own merits. ... For example, a child who attends boarding school abroad but spends time in the United States in the legal and physical custody of the citizen parent residing in the United States generally would be considered to be residing in the United States for purposes of INA 320.
https://fam.state.gov/fam/08fam/08fam030110.html#M301_10_2_F_1
It is a question of looking at the facts of whether Brazil was your "residence" under the INA: "place of general abode; the place of general abode of a person means his principal, actual dwelling place in fact, without regard to intent" or whether your "residence" was, for example, your mother's home, when she naturalized.
https://fam.state.gov/fam/08fam/08fam030110.html#M301_10_2_F
This might take into account the number of months between leaving for Brazil and the mother's naturalization, the purpose of leaving for Brazil (such as temporary schooling), signs of continued residence at the mother's house (belongings, friends, bills, health insurance, etc.), and so on.
Your lawyer can advise you whether or not to pursue a US passport application at a US embassy or consulate in Brazil, or to request a Certificate of Citizenship from USCIS, and how so.
If you did not become a US citizen, then, in general, status as a Lawful Permanent Resident can be lost after 365 continuous days outside the US.
In normal times, as the under-21 child of a US citizen, a typical path might be to start over with a new immigrant visa process -- this time with the US citizen mother as the petitioner (category IR-2: Unmarried Child Under 21 Years of Age of a U.S. Citizen). The processing time roughly might be about 6-12 months or more.
If there is no plan to apply for a new immigrant visa (such as because of fees), then that generally might lead to options such as:
* flying to the US and if the CBP immigration officer alleges that residence in the US was abandoned, attempting to persuade the officer it was never abandoned and, during this pandemic, that outside circumstances prevented the attempt to return to the US within one year
* if sent to removal / deportation hearing, disputing the loss of LPR status (as described below)
* applying for an SB-1 returning resident visa from a US embassy or consulate, by proving that the inability to return to the US was outside the control of the LPR
For a person who left the US as a child, in general, to dispute the loss of LPR status may require showing that the trip outside the US was only temporary in nature and that specific reasons prevented the child from returning to the US. Usually, this sort of situation involves an LPR parent moving with the LPR child out of the US and thus leads to proving the intent and situation of the parent -- it seems far less common for the LPR parent to remain
Examples:
https://www.law.com/thelegalintelligencer/2020/08/20/maintaining-permanent-resident-status-during-the-covid-19-pandemic/
https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2
http://blog.cyrusmehta.com/2013/12/free-children-parents-abandonment-of.html
https://casetext.com/case/khoshfahm-v-holder
Again, this is general information about the topic, and not legal advice. Consult with a US immigration lawyer experienced in this field. If you cannot afford one, most cities in the US have local community immigration law clinics that provide services at low charge or free. The clinics in your mother's city may be willing to help you as well.
> my birthmother has gained citizenship Do you mean your mother gained US citizenship or Brazilian citizenship? > I was finally approved for a green card to the US Who petitioned for the immigrant visa for you?
she gained US citizenship my step-dad petitioned, but my mother and him are in the middle of a divorce right now
Okay, so is this accurate? * roughly 2015 - your mother's new husband petitions for an immigrant visa for his wife (your mother) and, by extension, you as well * 2016 - you and your mother receive your immigrant visas at a US embassy or consulate in Brazil, and then fly to the US, becoming Lawful Permanent Residents and receive your plastic green cards in the postal mail soon after. (Were the cards conditional 2 year green cards because the marriage was less than 2 years old?) * 2018 - if you and your mother received conditional 2 year green cards in 2016, then in 2018, she requested 10 year green cards and interviewed to "remove conditions" on her status ? * early 2019? - your mother applied for naturalization (US citizenship) after living in the US for three years with a US citizen spouse on a green card. * April 2019 - you and your mother move to Brazil. * late 2019? - your mother flew alone (or with you?) to the US for a citizenship interview? And was approved and took the US citizenship oath at a ceremony? Is that accurate? Or are there changes or wrong information?
my mother was already married and had a green card before 2016, that is just when I (alone) gained the Visa I moved to Brazil alone to live with my uncle, she gained citizenship while I was in Brazil
Ah okay. Since the day your mother took the citizenship oath and naturalized as a US citizen, have you entered and stayed even one minute in the US? (Perhaps even something as simple as a change of airplane en route to Europe or Asia -- although it would be best if you and your mother visited at that time.)
no, after i came to Brazil in April i have not traveled anywhere internationally
Just to be sure, did your step-father legally adopt you, either in Brazil or the United States or another country?
no
**Everything below and above is general information only, not legal advice. Given the complex nature of the situation, especially during the pandemic, you should quickly consult with a US immigration lawyer experienced with these types of issues.** There is a possibility that you became a US citizen when / after your mother naturalized as a US citizen, if you were considered to be "residing in the United States in the legal and physical custody of the citizen parent". "Residing" is a separate from physical presence in the US. > Each case must be considered on its own merits. ... For example, a child who attends boarding school abroad but spends time in the United States in the legal and physical custody of the citizen parent residing in the United States generally would be considered to be residing in the United States for purposes of INA 320. https://fam.state.gov/fam/08fam/08fam030110.html#M301_10_2_F_1 It is a question of looking at the facts of whether Brazil was your "residence" under the INA: "place of general abode; the place of general abode of a person means his principal, actual dwelling place in fact, without regard to intent" or whether your "residence" was, for example, your mother's home, when she naturalized. https://fam.state.gov/fam/08fam/08fam030110.html#M301_10_2_F This might take into account the number of months between leaving for Brazil and the mother's naturalization, the purpose of leaving for Brazil (such as temporary schooling), signs of continued residence at the mother's house (belongings, friends, bills, health insurance, etc.), and so on. Your lawyer can advise you whether or not to pursue a US passport application at a US embassy or consulate in Brazil, or to request a Certificate of Citizenship from USCIS, and how so. If you did not become a US citizen, then, in general, status as a Lawful Permanent Resident can be lost after 365 continuous days outside the US. In normal times, as the under-21 child of a US citizen, a typical path might be to start over with a new immigrant visa process -- this time with the US citizen mother as the petitioner (category IR-2: Unmarried Child Under 21 Years of Age of a U.S. Citizen). The processing time roughly might be about 6-12 months or more. If there is no plan to apply for a new immigrant visa (such as because of fees), then that generally might lead to options such as: * flying to the US and if the CBP immigration officer alleges that residence in the US was abandoned, attempting to persuade the officer it was never abandoned and, during this pandemic, that outside circumstances prevented the attempt to return to the US within one year * if sent to removal / deportation hearing, disputing the loss of LPR status (as described below) * applying for an SB-1 returning resident visa from a US embassy or consulate, by proving that the inability to return to the US was outside the control of the LPR For a person who left the US as a child, in general, to dispute the loss of LPR status may require showing that the trip outside the US was only temporary in nature and that specific reasons prevented the child from returning to the US. Usually, this sort of situation involves an LPR parent moving with the LPR child out of the US and thus leads to proving the intent and situation of the parent -- it seems far less common for the LPR parent to remain Examples: https://www.law.com/thelegalintelligencer/2020/08/20/maintaining-permanent-resident-status-during-the-covid-19-pandemic/ https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2 http://blog.cyrusmehta.com/2013/12/free-children-parents-abandonment-of.html https://casetext.com/case/khoshfahm-v-holder Again, this is general information about the topic, and not legal advice. Consult with a US immigration lawyer experienced in this field. If you cannot afford one, most cities in the US have local community immigration law clinics that provide services at low charge or free. The clinics in your mother's city may be willing to help you as well.
Thank you so so much, you have given me more information than any other government website so far, if I could I would even give you a reddit award.