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

[Shub 78]

Shub,

Hey, wait a minut here. You just stated in your previous post: "Note this is all a bit above my comfortable level of knowledge with immigration law (and I'm not a lawyer to begin with) so take that with a grain of salt"

Now you are an expert. I don't think averycates gave any legal advice, but you sure seem to be conflicted?

I'm not conflicted and I am no expert.

The simple fact is that I see this sort of post on immigration forums a lot (funnily enough, I was just telling someone else about it yesterday) and it pisses me off because people use it as a platform to proselytize, to pass judgment on people they know nothing about because they did something bad, to offer no help at all, and often do so in the face of the law, sometimes lying through their teeth to get their point across. I move that these people should just shut up, but they have the right to express their opinion, just as I have the right to point out that their attitude is obnoxious and unbecoming.

Here's how I see it.

Someone initially said: "your cousin is a criminal and should stay outside of the US where criminals belong and oh by the way he lost his US citizenship because <no reason provided>" -- that's a textbook BS post you see on immigration forums when someone did something bad and is asking about immigration. Useless, bitter, opinionated and just plain wrong.

I said: "oh well I'm not a lawyer so you should do further research, but hey, you said this and that, so I think he may be OK because A and B". At least I'm trying to be neutral and helpful. I may not like criminals but criminals have rights, that is the rule of law, and part of it is putting aside personal feelings. To me, that is the crux of the issue.

My only fault is perhaps jumping to conclusions too quickly about Avery Cates' post, but I've been around immigration forums (not just this one) for long enough to be reasonably confident in my ability to detect an embittered individual over one who simply doesn't know any better.

[bluebird74 34]

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.

Why is everyone keep missing or not acknowledging the fact that he represented himself as a LPR for all these years and not as a USC...up until he lost his LPR. I agree, parents are not required to file a CBRA for their child. Also, that child doesn't have to become a USC - ever. The child was brought to the States by his parents and became LPR and not a USC, why?

[Zedayn 485]

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?

It is possible he may need to prove the blood relation to his father, especially since a CRBA was not filed immediately after birth. But once again, if the relationship is proven, he is still a US citizen by birth.

5. Proof of the relationship between the U.S. citizen parent(s) and the child: The child's birth certificate with both parent's names on it is the best place to start. If a child was born out of wedlock, we strongly suggest also bring:

1. Both parents' current and previous passports

2. Family photos from before and after the child was born

3. Pre-natal medical and hospital records

4. Record of economic support/money orders between parents

If you do not have sufficient evidence to prove the blood relationship between the U.S. citizen parent and the child, you may perform a DNA test as proof. If you think you may lack other evidence, we suggest you read more about the DNA Testing Process. Do not perform any kind of DNA testing before you come in for your child's CRBA interview.

Why is everyone keep missing or not acknowledging the fact that he represented himself as a LPR for all these years and not as a USC...up until he lost his LPR. I agree, parents are not required to file a CBRA for their child. Also, that child doesn't have to become a USC - ever. The child was brought to the States by his parents and became LPR and not a USC, why?

Because the fact he was an LPR is irrelevant. If you ask why he was brought as an LPR instead of as a US citizen, the best answer I can give is that his father did not know he could file a CRBA for him.

[bluebird74 34]

I've been around immigration forums (not just this one) for long enough to be reasonably confident in my ability to detect an embittered individual over one who simply doesn't know any better.

I've been quite active on Immigration forums as well (for the past 10 years or so), and I have helped people with their paperwork as well. I never judge, but I am quite surprised on how this fight for proving U.S. Citizenship came about 12 years after being a LPR, only after having been deported for a criminal offense. It makes me wonder. That's all. I'm done here and I wish them good luck.

[Shub 78]

I've been quite active on Immigration forums as well (for the past 10 years or so), and I have helped people with their paperwork as well. I never judge, but I am quite surprised on how this fight for proving U.S. Citizenship came about 12 years after being a LPR, only after having been deported for a criminal offense. It makes me wonder. That's all. I'm done here and I wish them good luck.

Yes, I see your point, it seems convenient when you put it like that, but on the flipside, perhaps it never occurred to them until everything was said and done.

Anyway, a lot of Americans don't even know that they are legally required to present evidence of US citizenship when entering the US. Most Americans don't really need to know that since most of them are not citizens of another country, but my point is that it isn't far-fetched that it would not occur to an American citizen abroad to file a CRBA for their child for immigration purposes.

[Boiler 45,525]

It is however alleged that he was filed for, an I 130, with all the details relevant to his Parents.

[bluebird74 34]

Because the fact he was an LPR is irrelevant. If you ask why he was brought as an LPR instead of as a US citizen, the best answer I can give is that his father did not know he could file a CRBA for him.

Ok, but ignorance of the law is not an excuse and does not make one immune to the consequences. And by 'ignorance' I mean the lack of knowledge of the law

[katie1990 23]

OK so heres what my uncle has told me so far. First of all, my cousin wasn't the one that came up with this, this conversation happened yesterday morning when my uncle was speaking to a long time friend who happens to have been worked for CBP years ago, he mentioned that his son had been deported and the circumstances. His friend was surprised and couldn't believe that had happened, told him that this could have been a mistake since his son is technically a US Citizen , my uncle told me that when my uncle first brought them to the USA my cousin was admitted as a US Citizen, and my aunt given permission to come in with the promise she would file for her green card. They literally crossed the border, took buses all the way from Honduras across Mexico to the San Ysidro border. The thing is that they went to a "notary public" to start the process and the notary filed for my cousins green card as well stating it wouldn't hurt to file for his green card. Even though my uncle told him that CBP admitted my cousin as a US Citizen just by showing his birth certificate and of course my uncles birth certificate and his and my aunts marriage certificate. They just said my aunt had to start the process ASAP. It was my mistake I assumed they were brought in already Permanent Residents.

Edited March 4, 2014 by katie1990

[katie1990 23]

Yes my uncle was ignorant he didn't think he had to file for anything. My cousin is just learning about all of this as well, he did his time, 3 years. All of this is so confusing, Were just waiting for my grandma to call and see what the US EMbassy is going to handle all of this.

[bewildering 9]

1: He didn't realize he would be deported during his sentence or sentencing? You know when the judge said he would be deported on the completion of his sentence.

2: He was admitted to the US on the basis of a Honduran birth certificate?!

3: When completing the LPR application what did they write under the parents citizenship box? (As everyone here will recall you had to give the names, places of birth and citizenship of parents when completing the green card application.)

This story makes zero sense and i have my doubts on the veracity of the information. I'm out.

[Boiler 45,525]

This story makes zero sense and i have my doubts on the veracity of the information. I'm out.

And his mother was admitted it seems without a visa. And she has no claims to US Citizenship.

Perhaps they walked in?

All a Notary does it witness signatures, probably a notario.

[katie1990 23]

1. What difference would it make ?

2. Yes he was, apparently CBP realized he was a USC at that point.

3.To the best of their knowledge it was answered truthfully

4. GOOD. BYE.

[Boiler 45,525]

There is no way a Honduran Birth Certificate would provide evidence of US Citizenship.

[katie1990 23]

And his mother was admitted it seems without a visa. And she has no claims to US Citizenship.

Perhaps they walked in?

All a Notary does it witness signatures, probably a notario.

They didn't just walk in. They were pulled into a room signed paperwork for my aunt . The CBP made sure to tell them they had to get my aunts green card process started ASAP . And that was that

[katie1990 23]

There is no way a Honduran Birth Certificate would provide evidence of US Citizenship.

Well apparently the CBP thought so because he remembers clearly the officer mentioned his son was a USC . Im telling it like Im being told. And I'm not adding the extra stuff he is saying lets just say he is aggravated lol but thank you all for the feed back .