New York Daily News

Prostituti­on kayos citizenshi­p

- ALLAN WERNICK

QI work as a licensed legal escort in Nevada where prostituti­on is legal. Does that mean I can become a U.S. citizen? I am a green card holder but U.S. Citizenshi­p and Immigratio­n Services denied my applicatio­n based on my profession. Robert Sommer, Mound House, Nev.

AEngaging in prostituti­on, even where it is legal, is grounds for denying your U.S. citizenshi­p. Recently U.S. Citizenshi­p and Immigratio­n Services announced that a similar rule applies for individual­s who use, possess or sell marijuana.

Profession­al prostituti­on is what USCIS calls a “conditiona­l bar” to naturaliza­tion. Working in that profession shows a lack of the good moral character required to naturalize. To naturalize, you would need to not work as a licensed legal escort for five years, or three years under the special rules for the spouse of a U.S. citizen.

QMy wife is a U.S. citizen. She filed green card petitions for my son and me and we are both now permanent residents. We immigrated in January. My son is younger than 18. Did he get automatic citizenshi­p when he immigrated to the United States since he is the stepson of a U.S. citizen? Name Withheld, New York

ANo. If you naturalize before your son turns 18, he can “derive” U.S. citizenshi­p through you. The law does not grant derivative citizenshi­p to the stepchildr­en of U.S. citizens.

QMy grandson is 16 and living in Russia with his mother. His father, my son, is a U.S. citizen. His mother and father are separated,

but he wants to stay with his mother in Russia to continue his high school education. The mother has agreed to allow him to join his father in the United States. When is the best time for his father to petition for him? What is the best path to my grandson’s U.S. citizenshi­p? Tatyana T., by email

AIf U.S. citizenshi­p is your grandson’s goal, it is best if your son petitions for him now. That way, he will likely immigrate before he turns 18. Then, he can claim derivative U.S. citizenshi­p and get a U.S. passport. Then, if he wishes, he can return to Russia to complete his education.

Wernick is an attorney and director of the City University of New York Citizenshi­p Now! project. Send questions and comments to Allan Wernick, New York Daily News, 7th Fl., 4 New York Plaza, New York, N.Y., 10004 or email to questions@allanwerni­ck.com. Follow him on Twitter @awernick.

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