Did he legally adopt her before she turned 16? Was he married to a US citizen who also adopted her, or did he adopt her by himself while unmarried? If yes to both questions, she might be a US citizen.
Originally Posted by aspiringcarbon
It probably is possible to obtain another copy of the adoption papers through the government department and/or adoption agency that facilitated the adoption.
If he did what was necessary before she turned 18, there would be no test for her to take in order for her to obtain citizenship.
The man never got a US citizenship for his adopted daughter, because she was / is unable to pass the test.
They're not going to deport her for that. It is extremely rare to be deported for this reason, and to deport for this reason the failure to update the address must be knowing and willful. With her mental disability, it's unlikely any court would believe it was knowing and willful.
As I understand it, if she goes to a USCIS location for help, they may deport her because she failed to update her address.
Help her to file the AR-11 now to update her address, and don't worry about her being deported.
It's not that expensive to hire an attorney for a one-hour consultation. That's only about $200-$400. If you need them to handle the citizenship case end to end, that would be thousands of dollars, but it shouldn't be necessary to do that. Get a one-hour consultation from an attorney to help you figure out how to have her complete the naturalization process with the disability waiver, or to figure out how she would qualify for derivative citizenship based on her adoption.
They don't have the money to hire an attorney.
Last edited by Jackolantern; 26th December 2010 at 07:08 PM.
EB3 ROW I-485 Approved: July 2007
USC: July 2013
I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.