Stateless Estonian US Resident

[ChristinaM 0]

I have a friend who lived in the Soviet Union, in a region which later became Estonia. She is a conditional permanent resident here in the US due to marrying an USC.

Because of when Estonia broke off from the USSR, she is not entitled to Estonian citizenship, although she has applied (and been denied) three times. She would be entitled to apply for Russian citizenship if she lived in Estonia still, but obviously she now lives in the US. As such, she is stateless and has no citizenship.

She now needs to update her passport; the one she has is an Estonian "alien passport" (we think - it's a little convoluted) and because of the crazy bureaucracy over there it's no longer valid. Since she is not an Estonian citizen, they are reluctant - to say the least - to issue a new passport for her, and because she is not resident in Estonia amongst other reasons she can't apply for a Russian one.

My question is: is there any way that she can apply for US citizenship sooner than one would usually be eligible to based on marriage to a USC based on the fact that she is stateless and could she because of this be entitled as, say, a refugee to gain citizenship here in the USA?

Any ideas appreciated!!

[I'm Gone 60]

As far as I know it 3 years married to U.S. citizen plus 3 years permant resident and don't know of any exception to that.

I would think it would be rather hard to claim to be a refugee when you are in the U.S. married to a U.S. citizen with a green card. As long as she doesn't leave the U.S. she doesn't need a passport anyway with the green card.

[ChristinaM 0]

As far as I know it 3 years married to U.S. citizen plus 3 years permant resident and don't know of any exception to that.

I would think it would be rather hard to claim to be a refugee when you are in the U.S. married to a U.S. citizen with a green card. As long as she doesn't leave the U.S. she doesn't need a passport anyway with the green card.

I think she'd rather like to be able to leave the country

They worked on ships before, so it's potentially crucial for her to have a passport.

I figured it would be easier to look on the US side, with the Russian and Estonian bureaucracies being what they are. There must be some way to accomodate stateless residents, but I don't know how.

[Boiler 45,402]

As far as I know it 3 years married to U.S. citizen plus 3 years permant resident and don't know of any exception to that.

I would think it would be rather hard to claim to be a refugee when you are in the U.S. married to a U.S. citizen with a green card. As long as she doesn't leave the U.S. she doesn't need a passport anyway with the green card.

I think she'd rather like to be able to leave the country

They worked on ships before, so it's potentially crucial for her to have a passport.

I figured it would be easier to look on the US side, with the Russian and Estonian bureaucracies being what they are. There must be some way to accomodate stateless residents, but I don't know how.

I thought there was some sought of travel document, but that might be for refugees.

Otherwise as others have said, wait for naturalisation.

[pax 0]

It appears that she is not option-less, at least in theory. But I would think this requires an InfoPass and possibly a really good immigration attorney.

I pulled this off a DoD site, not USCIS, but it does make mention of "travel documents" that are available to stateless aliens:

http://www.dtic.mil/whs/directives/corres/...97/p100021r.pdf

[ChristinaM 0]

Ooooh, interesting. Thanks, Pax.

I think they had realised it wasn't going to be something they could do on their own, so InfoPass will likely be the first step.

[pax 0]

They're not specific in that document, but my inductive reasoning does lead me to believe that the "travel document" that the document refers to is for AOS applicants or LPRs, since they're talking about military families.

It does sound like a bizarre situation. Kind of Terminal-ish. Let us know how it goes--your friend must have some interesting perspectives on immigration!

[pax 0]

The UN Convention Relating to the Status of Stateless Persons actually mentions stateless seamen!

http://www.hri.ca/uninfo/treaties/81.shtml

The United States is a signatory to this treaty, so somewhere in the deep, dark recesses of immigration law, there has to be SOMETHING that will help your friend.

Wow, this has been an enlightening morning for me.

[akdiver 3]

My question is: is there any way that she can apply for US citizenship sooner than one would usually be eligible to based on marriage to a USC based on the fact that she is stateless and could she because of this be entitled as, say, a refugee to gain citizenship here in the USA?

A twisted, and yet creative path to the entitlement mentality....the U.S., ah yes, home of the once free, home of the once brave, and home of everyone who feels entitled get around the rules everyone else has to abide by.

Cheers!

AKDiver

[diadromous mermaid 36]

I have a friend who lived in the Soviet Union, in a region which later became Estonia. She is a conditional permanent resident here in the US due to marrying an USC.

Because of when Estonia broke off from the USSR, she is not entitled to Estonian citizenship, although she has applied (and been denied) three times. She would be entitled to apply for Russian citizenship if she lived in Estonia still, but obviously she now lives in the US. As such, she is stateless and has no citizenship.

She now needs to update her passport; the one she has is an Estonian "alien passport" (we think - it's a little convoluted) and because of the crazy bureaucracy over there it's no longer valid. Since she is not an Estonian citizen, they are reluctant - to say the least - to issue a new passport for her, and because she is not resident in Estonia amongst other reasons she can't apply for a Russian one.

My question is: is there any way that she can apply for US citizenship sooner than one would usually be eligible to based on marriage to a USC based on the fact that she is stateless and could she because of this be entitled as, say, a refugee to gain citizenship here in the USA?

Any ideas appreciated!!

A cursory look at the Alien passport and Residence criteria indicates that she should be able to secure an EU passport. http://www.mig.ee/eng/identity_documents/A_passport/

[Boiler 45,402]

EU Passport?

As far as I know only nation states issue passports.

[diadromous mermaid 36]

EU Passport?

As far as I know only nation states issue passports.

Estonia is a member of the EU

[Boiler 45,402]

EU Passport?

As far as I know only nation states issue passports.

Estonia is a member of the EU

But Estonia issue passports for its Citizens presumably in the EU style, you can not go to Brussels and get one.

[ChristinaM 0]

AKDiver, the reason she needs a passport is that she and her husband previously worked on cruiseships - for which she obviously needs a passport. She's not just out for citizenship, it just seemed liked a possible way for her to be able to travel again.

I think they've decided to stay on dry land for the time being, but I will let her know about the EU passport (which would never have occured to me - thank you!). I don't know how it would work with her not being an Estonian citizen and living in the US, but it's got to be worth the ask.

[Boiler 45,402]

Maybe the white passport?, same form as for AP.

If she is not a citizen of a EU country we are off on the wrong track anyway.