Deported for an Agravated felony but we think he is a US Citizen? What to do next?

[Boiler 45,403]

Perhaps it should be added to the guides?

[Ryan E 10]

As for all the discussion about the necessity of obtaining a certificate of citizenship (in the US) in this case, keep in mind that while the US embassy won't issue a CRBA to an adult, they can (as in the case I just mentioned) issue a passport if the documentation to establish citizenship is in order.

This is confirmed in the CRBA section of the website of the US Embassy in Honduras (http://honduras.usembassy.gov/repbirthab.html):

"Applicants over age 18:

"Though we accept applications for CRBAs up until a child's 18th birthday, we strongly recommend applying as soon as possible in order to facilitate the application and interview process.

"If the applicant for a CRBA is over 18, he/she must submit a signed statement explaining why the birth was not reported earlier. An applicant who is over 18 may not be able to receive a CRBA; however, they will still receive a U.S. passport if it is determined that they are U.S. citizens."

Good find. I thought about the passport without Certificate of Citizenship but the passport page says a US birth cert., CRBA, or naturalization papers is required. I didn't look at the CRBA page and see the note you found.

[Zedayn 485]

I still reason that he is a USC from birth through his father. The blood relation may need to be proven through a DNA test, but once proven he is in fact a USC from birth. It is not a requirement to file a CRBA, it's just that it may cause problems later.

From the state dept http://travel.state.gov/content/passports/english/abroad/events-and-records/birth.html :

Failure to promptly document a child who meets the statutory requirements for acquiring U.S. citizenship at birth may cause problems for the parents and the child when attempting to establish the child’s U.S. citizenship

The "problems" mentioned do not indicate that a citizenship would not be recognized. It merely mentions "problems" or difficulties in establishing citizenship. These difficulties could entail, for example in the father's case, a DNA test may be required. Also since the child is over 18, a statement would be required as to why the birth was not reported earlier.

From the embassy in Honduras website http://honduras.usembassy.gov/repbirthab.html :

If the applicant for a CRBA is over 18, he/she must submit a signed statement explaining why the birth was not reported earlier. An applicant who is over 18 may not be able to receive a CRBA; however, they will still receive a U.S. passport if it is determined that they are U.S. citizens.

IF, he is not found to be a USC through his father, he is still a USC through his mother.

[Ryan E 10]

This was at least 12 years ago, likely longer so things were a lot more lax back then but thanks to abuse we now have a lot of hoops to jump through.

Around this time I was in high school and we were going to Canada for an event. One of the friends was an exchange student and we were turned away from the Canadian border crossing because he required a visa. We drove to the ferry crossing and when they asked about citizenship the reply was "all US", same thing coming back. I shiver at the thought of what would have happened if we were caught. Perhaps not the same at the Mexican border, but definitely a different time pre Sept 11.

[bluebird74 34]

I did a little digging. The N-600 is the way to go. The "CRBA" is generally only until 18 years of age.

Interestingly enough the n-600 instructions and the DOS website (

The N-600 looks like the way to go. Someone mentioned this back in one of the first pages. Someone else mentioned that it would be difficult to do because they may require you to attend an interview in the US, thus, creating a catch 22 situation. The N-600 instructions nor google indicate anything about moral character. Nor would it make sense since you are not gaining citizenship, but rather documenting the citizenship you acquired at birth.

Again, he did NOT automatically become a USC when he was born onto USC parent/parents. That right is there if he or his parents (as long he's under age) choose so, but they haven't. They brought him to the States on some sort of visa and he became LPR. Why would anyone become a LPR instead of just claiming that rightful Citizenship, is beyond me. All the paperwork that was filled out and submitted to USCIS would have uncovered the fact of him being a USC by birth, but it hasn't. That's why I think there's something wrong with the entire picture.

[Caryh 5,206]

You don't need to claim your citizenship before turning 18, typically.

In this case, he could be a US citizen by birth or by virtue of his mother naturalizing before he turned 18. Either way it's automatic and you don't need to claim it.

Generally speaking, babies born abroad to US citizens don't need to claim anything. They are US citizens, period, whether they know it or not

Actually they are not automatically a US citizen because a parent is a USC when born in the foreign country. They must go through the process of having the birth reported abroad to gain that citizenship. It is up to the state department to determine if they meet the standard of proof required to acquire US citizenship.

[Ryan E 10]

Again, he did NOT automatically become a USC when he was born onto USC parent/parents. That right is there if he or his parents (as long he's under age) choose so, but they haven't. They brought him to the States on some sort of visa and he became LPR. Why would anyone become a LPR instead of just claiming that rightful Citizenship, is beyond me. All the paperwork that was filled out and submitted to USCIS would have uncovered the fact of him being a USC by birth, but it hasn't. That's why I think there's something wrong with the entire picture.

No, he DID automatically become a USC when he was born to the USC parent. If for some reason he did not (father didn't meet the residency requirements to confir citizenship), then when his mother naturalized he would have became a USC anyway/automatically.

Do you really expect the immigration authorities to find something they aren't looking for? Judging for the number of mistaken RFEs and mistakes mentioned on this forum it shouldn't be surprised that the bureaucracy is comprised of humans.

You can search google for Accidental US citizenship. It does happen and people have issues with the IRS because they automatically became citizens but didn't realize it.

[Ryan E 10]

Actually they are not automatically a US citizen because a parent is a USC when born in the foreign country. They must go through the process of having the birth reported abroad to gain that citizenship. It is up to the state department to determine if they meet the standard of proof required to acquire US citizenship.

Can you please cite a source? I cite the N-600 instructions: http://www.uscis.gov/sites/default/files/files/form/n-600instr.pdf -- sorry I can't copy paste the relevant part, but look at page 1.

A child born abroad to a U.S. citizen parent or parents may acquire U.S. citizenship at birth if certain statutory requirements are met. The child’s parents should contact the nearest U.S. embassy or consulate to apply for a Consular Report of Birth Abroad of a Citizen of the United States of America (CRBA) to document that the child is a U.S. citizen. If the U.S. embassy or consulate determines that the child acquired U.S. citizenship at birth, a consular officer will approve the CRBA application and the Department of State will issue a CRBA, also called a Form FS-240, in the child’s name.

http://travel.state.gov/content/passports/english/abroad/events-and-records/birth.html

The CRBA just documents something that already happened.

Edited March 5, 2014 by Ryan E

[Boiler 45,403]

Around this time I was in high school and we were going to Canada for an event. One of the friends was an exchange student and we were turned away from the Canadian border crossing because he required a visa. We drove to the ferry crossing and when they asked about citizenship the reply was "all US", same thing coming back. I shiver at the thought of what would have happened if we were caught. Perhaps not the same at the Mexican border, but definitely a different time pre Sept 11.

This happened post 911.

False claim to US Citizenship is a life time ban, no waiver.

[Shub 78]

Actually they are not automatically a US citizen because a parent is a USC when born in the foreign country. They must go through the process of having the birth reported abroad to gain that citizenship. It is up to the state department to determine if they meet the standard of proof required to acquire US citizenship.

I refer you to INA 301(g), which does not line up with what you are saying!

[Ryan E 10]

This happened post 911.

False claim to US Citizenship is a life time ban, no waiver.

No, he would have entered the US around 1998 (born 1992, age 6 at time of entry)

Like I said, glad HE wasn't caught. Not sure what would have happened since he was a minor at the time. I'm a "natural born" USC.

Edited March 5, 2014 by Ryan E

[OK&MK 17]

Again, he did NOT automatically become a USC when he was born onto USC parent/parents. That right is there if he or his parents (as long he's under age) choose so, but they haven't. They brought him to the States on some sort of visa and he became LPR. Why would anyone become a LPR instead of just claiming that rightful Citizenship, is beyond me. All the paperwork that was filled out and submitted to USCIS would have uncovered the fact of him being a USC by birth, but it hasn't. That's why I think there's something wrong with the entire picture.

Before you are so adamant about a point, please find the facts that support it. In this case you are most definitely Incorrect and below you'll find an excerpt from the USCIS website. Please educate yourself before providing information to anyone; little knowledge is a dangerous thing.

Source: http://www.uscis.gov/us-citizenship/citizenship-through-parents

And just for your reference: In this case, the child was born 1992; entered country 1998, age 6; mother naturalized 2004.

Citizenship at Birth for Children Born Outside the U.S. and its Territories

A Child Born Outside the U.S. is a Citizen at Birth IF...

AND...

Both parents were U.S. citizens at the time of birth,

The parents were married at the time of birth and at least one parent lived in the U.S. or its territories prior to the birth.

If the child was born out of wedlock, see N-600: FAQ.

One parent is a U.S. citizen at the time of birth and the birthdate is on or after November 14, 1986

The parents are married at the time of birth and the U.S. citizen parent had been physically present in the U.S. or its territories for a period of at least five years at some time in his or her life prior to the birth, of which at least two years were after his or her 14^th birthday.

If the U.S. citizen parent spent time abroad in any of the following three capacities, this can also be counted towards the physical presence requirement:

· Serving honorably in the U.S. Armed Forces;

· Employed with the U.S. Government; or

· Employed with certain international organizations.

Additionally, time spent abroad by the U.S. citizen parent while the U.S. citizen parent was the unmarried son or daughter and a member of the household of a person who meets any of the three conditions listed above can also be counted.

If the child was born out of wedlock, see N-600: FAQ.

[bluebird74 34]

No, he DID automatically become a USC when he was born to the USC parent. If for some reason he did not (father didn't meet the residency requirements to confir citizenship), then when his mother naturalized he would have became a USC anyway/automatically.

Do you really expect the immigration authorities to find something they aren't looking for? Judging for the number of mistaken RFEs and mistakes mentioned on this forum it shouldn't be surprised that the bureaucracy is comprised of humans.

You can search google for Accidental US citizenship. It does happen and people have issues with the IRS because they automatically became citizens but didn't realize it.

Mistakes at USCIS happen and I'm well aware of that. Lets not forget, this guy came to the States and became LPR. There are documents which had to been provided before he was given his LPR status. USCIS would have learned then, that the guy was born onto USC parent/parents. Yet, he was still given LPR. That's crazy.

[Ryan E 10]

Mistakes at USCIS happen and I'm well aware of that. Lets not forget, this guy came to the States and became LPR. There are documents which had to been provided before he was given his LPR status. USCIS would have learned then, that the guy was born onto USC parent/parents. Yet, he was still given LPR. That's crazy.

Crazy, yes, but not evidence he isn't a citizen.

There is an interview somewhere on here with a former Adjudicator. He indicated that on simple cases just a few minutes are spent on a file. There are cases where a USC cannot pass on citizenship (not meeting the residency requirement for example) and cases where a child does't automatically become a citizen (not in the country at the time of naturalization) so these wouldn't require a red flag be raised. I can imagine an Adjudicator looking at the file, thinking why would they be doing this when he is already a citizen, hmm, he must not be, Approved, next.

Edited March 5, 2014 by Ryan E

[Zedayn 485]

Actually they are not automatically a US citizen because a parent is a USC when born in the foreign country. They must go through the process of having the birth reported abroad to gain that citizenship. It is up to the state department to determine if they meet the standard of proof required to acquire US citizenship.

I disagree. They do not have to report the birth abroad. They DO need to establish with credible evidence that citizenship was transferred through his USC father. Once his citizenship is established through his father, then he is a USC from birth.