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

[katie1990 23]

Exactly. He also must have become an LPR at that point, but not a USC. This makes all the difference. You can enter as an LPR when joining a family member,, and even if one's parent is an LPR and that parent becomes a USC, as long as the child is under the age of 18, that child can be sworn as the USC at the time his/her parent is - without having to be an LPR for 5 years.

Can you explain what difference that makes ? Thank You .

[Nica_In_Love 98]

I commented under someone's quote earlier, but I decided to write directly under your initial post.

I do feel sorry about your cousin and I'm not here to judge. People make mistakes, but that's not the point I'm trying to make. Thing is, you have clearly stated about your cousin being an LPR and this makes it all different. His parents never filed a CBRA, but it looks as though he later entered the U.S. on some sort of visa and received the status of an LPR. If he is now at least 18 years old and remained in the U.S. since he was 6, that means he's been an LPR for more than 12 years. I assume he must have had renewed his LPR status at some point. Why hasn't he just file his N-400 to become a citizen? The bottom line is, he was an LPR at the time of convictions, and I do believe the Homeland Security was in the right. If there's something that could overturn their decision, please share with us - I'm curious, but I honestly don't think there is, for he was not a USC.

She already detailed most of the pertinent information regarding her cousin and his USC father. The cousin became an LPR because of their own ignorance of CRBA (and I mean ignorance in just lack of knowledge, not in an offensive way). As it was shared previously, his USC father did meet all the requirements for him to be able to register his son's birth and grant him US Citizenship.

We'll see what happens. Even though another user said he has seen a lot of cases like this that don't end well, this is the first I hear, at least here on VJ.

[bluebird74 34]

The attorney said that regardless if he reported the birth abroad or not, he is still a US CITIZEN, born to a US CITIZEN, signed the birth certificate as his father, and was married at the time of the birth. Yes he will need to fill out an explanation as to why he didn't do it , and will probably need to do some paperwork, but his CItizenship will not and can not be taken away. Those are his exact words .

I can only rely on what you tell me and not what I can see. All I am saying, is that USC parent/-s have a choice to file the CBRA or not. If they don't, a child can still become a USC, but it is not an automatic thing. You have to read the information provided in my link. How could your cousin be a USC when he held a Permanent Resident card - 12 years after his arrival in the US. It's all a bit strange isn't it? I do wish you guys luck in proving his U.S. Citizenship though Keep me posted.

[bluebird74 34]

She already detailed most of the pertinent information regarding her cousin and his USC father. The cousin became an LPR because of their own ignorance of CRBA (and I mean ignorance in just lack of knowledge, not in an offensive way). As it was shared previously, his USC father did meet all the requirements for him to be able to register his son's birth and grant him US Citizenship.

We'll see what happens. Even though another user said he has seen a lot of cases like this that don't end well, this is the first I hear, at least here on VJ.

Well, I don't want to be rude either, but they are wanting to prove he is a USC after his conviction and loss of LPR status (at least 12 years after entering the U.S.). Did he or his father NOT know he might be a USC by birth for all those years?

[Zedayn 485]

A child of a USC born abroad, is not automatically a USC.

"Parents of a child born abroad to a U.S. citizen or citizens should apply for a CRBA and/or a U.S. passport for the child as soon as possible. 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 and eligibility for the rights and benefits of U.S. citizenship, including entry into the United States. By law, U.S. citizens, including dual nationals, must use a U.S. passport to enter and leave the United States."

Since the guy was a Permanent Resident, that means, he his parents never applied for CRBA and he must have entered the U.S., later in life - perhaps after his 18th birthday. He is treated the same way as anyone else who becomes a Permanent Resident. I hate to say this, but he committed a felony and with that, he became a subject to deportation. I highly doubt he can ever come back to the U.S. For more info, please read:

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

If a person is a US citizen by birth to at least one US citizen parent...and it can be proven...then he IS a US citizen period. It does not matter that the CRBA has been filed, it also does not matter if it happens after his 18th birthday. The point is, if he can establish credible evidence that he was a US citizen at birth, he will be classified as a US citizen. The fact he was an LPR has no bearing on the case.

We just got off the phone with an attorney who said would call us back after doing a little research,, Yes indeed he told us that he is a US CITIZEN and should have never been deported in the first place, SInse he was born to a married couple with one US citizen that meets all the requirements , he just needs to go to the US embassy in Tegucigalpa and apply for a US passport and take all the supporting documents. He said he could have been a US CItizen because of my aunt but thats a whole different ball game and its much easier to do it through his father but still take my aunts Naturalization certificate just to make it a little more legit. My grandmother will be going to the US embassy since they don't seem to be answering the phone and make sure what it is they have to do. Wow it sucks that ICE is so quick to deport people without following proper procedures and making sure they are indeed deportable. My cousin could have lost his life because of ICE's error but yes I know he also contributed to this mess. Crossing fingers things are as easy as the attorney said.

That is good news. My original thoughts as well is that he is a US citizen from birth through his father.

[bluebird74 34]

You're speaking in absolutes when the piece of text you quoted says "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 (snip)"

So yeah, it may be a problem, but that doesn't mean it can't be fixed.

I never said it cannot be corrected, but Homeland Security is going to look at this from the same perspective which I have shared. Meaning, why has he "remembered" of possibly being a USC, after his LPR has been taken away. That's all I am saying.

[bluebird74 34]

I do hope it works out for him in the end and that he also learns from his mistakes and leads a good life - away from the gangs.

[bewildering 9]

Hmmm,

Logically I imagine the US embassy will want proof that his US citizen father is actually his father. Especially as they got married during the pregnancy. DNA test.

This will be complicated.

What confuses me is why wait until now? Why not ask a lawyer when he was in the criminal justice system?

[nlclhc 1]

I never said it cannot be corrected, but Homeland Security is going to look at this from the same perspective which I have shared. Meaning, why has he "remembered" of possibly being a USC, after his LPR has been taken away. That's all I am saying.

No matter how suspicious they are the fact is that if he is USC by birth his citizenship cannot be removed.

[Boiler 45,525]

He represented himself as a LPR.

Sometime jail sentences are cut short due to deportation.

[Nica_In_Love 98]

Well, I don't want to be rude either, but they are wanting to prove he is a USC after his conviction and loss of LPR status (at least 12 years after entering the U.S.). Did he or his father NOT know he might be a USC by birth for all those years?

Believe it or not, there is people that are simply ignorant to the laws. It sounds like the father simply didn't know. Whether this is true or not, I don't know.

[Boiler 45,525]

No matter how suspicious they are the fact is that if he is USC by birth his citizenship cannot be removed.

It can and has been, pretty unusual.

Misread, by naturalisation.

Edited March 4, 2014 by Boiler

[nlclhc 1]

It can and has been, pretty unusual.

By birth or by naturalization?

[Zedayn 485]

The attorney said that regardless if he reported the birth abroad or not, he is still a US CITIZEN, born to a US CITIZEN, signed the birth certificate as his father, and was married at the time of the birth. Yes he will need to fill out an explanation as to why he didn't do it , and will probably need to do some paperwork, but his CItizenship will not and can not be taken away. Those are his exact words .

Exactly this. You don't need to report the birth using CRBA to validate him as a US citizen. He has compelling evidence that he is a US citizen by birth to a US citizen father. If by right he is a US citizen, it cannot be taken away.

[bluebird74 34]

He represented himself as a LPR.

Sometime jail sentences are cut short due to deportation.

Exactly