Dunwoody, GA Immigration Law Firms & Lawyers

The issue that you were raising has to do with what is called derivative naturalization. There are special tables which need to be reviewed to determine whether you are in fact a naturalized citizen based upon the time when your mother naturalize. This may require a little bit of legal research. We would be more than happy to assist you. Please feel free to give a call to the number below and to schedule an initial consultation with our office. In the alternative, you can feel free to try to do the research on your own using the derivative citizenship tables that are available online.

Generally, a U.S. citizen who otherwise is eligible for naturalization, can have her legal name restored to her as part of the naturalization process, and this is true regardless of whether she has not obtained a divorce from a husband with whom she is separated. Alternatively, a Permanent Resident may apply for a legal name change (in Georgia, that is done through an action filed in the Superior Court where the person resides). There is no additional fee for restoring an applicant's original name (as shown on a birth record) in the naturalization application process, although for that the naturalization ceremony must take place in a court rather than at the USCIS naturalization auditorium. That contrasts with costs for filing fees and for placing an announcement in the newspaper when legally changing one's name through a Superior Court in Georgia. It would be wise for you to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex naturalization application process.

Sorry to learn about the problems with your marriage. A U.S. Citizen does not have the authority to cancel a Conditional Resident spouse's "Green Card." Be aware that a single absence from the U.S. of 180 days or longer can create a presumption that a Conditional Resident has abandoned his residence in the U.S. and has abandoned his Conditional Resident status (and a single absence of 1 year or longer can create a non-rebuttable legal determination of abandonment). Also be aware of the requirement for a Conditional Resident to file a Petition for Removal of Conditions during the 90-day period before the end of two years following granting of Conditional Resident status. If the Conditional Resident no longer is married to the U.S. citizen spouse, he may file the Petition with a request for a waiver of the usual requirement that the two spouses file that Petition together. To be successful with the Petition, the Conditional Resident should expect to need to supply a strong and persuasive set of documentary evidence showing that the couple lived together in a bona fide marriage notwithstanding that the relationship ended in separation or divorce. It would be wise for you to consult directly with an immigration attorney who, after learning all of the relevant information about you, your marriage and your goals, would be able to advise you about maintaining your "Green Card" status and complying with immigration legal requirements, and would be able to offer legal representation in the Petition process (and, if you may be interested, the eventual naturalization application process).