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

[bluebird74 34]

I believe it's already been discussed in detail throughout this thread, but anyway:

1) If he is a US citizen by virtue of his birth to a US citizen, he is what is called a "natural born" US citizen and that status cannot be revoked unilaterally (meaning the only way to lose the status is to do something, on purpose, with the intention of relinquishing US citizenship). Aside from the criminal background, he could be president, unlike naturalized citizens.

2) If #1 above does not apply and if he became a US citizen through his mother's naturalization before he turned 18, his status as a US citizen cannot be revoked except through denaturalization, which can only occur within specific circumstances, none of which apply here. In any case, the fact that he was deported in the first place was illegal and does not affect his status as a US citizen.

I cannot stress this enough, he is NOT a natural born USC. He was born onto USC parent/parents on the foreign soil. As it was mentioned several times throughout this thread, he held a LPR status for more than 12 years, so he is not a USC in any shape or form, period.

[Hin-d 16]

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

Pretty sure that there is a deadline to claim citizenship from a naturalized parent. Another requirement is to have good morals!

[bluebird74 34]

Pretty sure that there is a deadline to claim citizenship from a naturalized parent. Another requirement is to have good morals!

Just as another VJ member has stated before, I came to the same conclusion, that this thread should have been closed long time ago, for it is a waste of time. Trying to explain things to people who do not want an advice, but rather an agreement, is pointless. As much as I would like for someone to get their second chance, I do not believe his [this guy's] deportation will get overturned and citizenship will be awarded to him. I'm sorry to be so pessimistic, but I am just looking at facts and statistics.

[Ryan E 10]

I cannot stress this enough, he is NOT a natural born USC. He was born onto USC parent/parents on the foreign soil. As it was mentioned several times throughout this thread, he held a LPR status for more than 12 years, so he is not a USC in any shape or form, "period.

"Natural Born" is a term that hasn't been tested by the Supreme Court yet, but it generally regarded by legal scholars as including those born to an American parent outside of the US because the child gains citizenship through birth without any action on his part. This also makes the Obama birth certificate issue all the more silly because even if he was born on the moon he would have been a "natural born" citizen.

http://en.wikipedia.org/wiki/Natural-born-citizen_clause

For anyone interested, there is a Coursera course on citizenship. It answers a number of the questions posed here. https://www.coursera.org/course/immigration

Also, there is no time limit and it is even possible to prove citizenship in some cases by showing that a child was in the US before a certain age (5 if I recall correctly,) these documents can include school, medical, baptism records. It isn't as cut and dried as some people are indicating in this thread.

My question is: Is a child born to a USC before the CRBA is issued a citizen (albeit without documentation) immediately, or is the issuance of the certificate required to "establish" (as opposed to demonstrate.) If so, is this undocumented citizen required to pay taxes on his worldwide income when he becomes an adult?

[Shub 78]

I cannot stress this enough, he is NOT a natural born USC. He was born onto USC parent/parents on the foreign soil. As it was mentioned several times throughout this thread, he held a LPR status for more than 12 years, so he is not a USC in any shape or form, period.

I think the argument here hinges entirely on the veracity of what katie1990 has been telling us. My view, subjective as it is, is that she has no reason to fabricate anything on this forum if she wants accurate feedback. In the end, if they choose to take the matter to the government, then the government will sort it out. Lying on this forum will get you nothing but bad advice, which is counter-productive to ascertaining what she needs to know. Hence my taking katie1990's posts at face value. Some people have raised valid points that may be holes in the story. Katie1990's family knows the whole story, and again, the government will sort it out if the family takes it up with them.

That being said, generally speaking, a child born abroad in 1992, in wedlock between a US citizen and a foreign spouse, is a natural born citizen.

http://travel.state.gov/content/travel/english/legal-considerations/us-citizenship-laws-policies/citizenship-child-born-abroad.html

And pursuant to both paragraphs above, not assuming anything beyond what katie1990 posted, my view is that this person is a natural born US citizen. Why that never transpired earlier in his life is up to the family and the government to figure out. That's all I'm saying!

Pretty sure that there is a deadline to claim citizenship from a naturalized parent. Another requirement is to have good morals!

As far as I know, if you are a minor child legally admitted as a permanent resident, living in the legal custody of your parent, and that parent naturalizes, you are automatically a US citizen, there is nothing to claim. I'm not clear on how the good morals requirement applies when you are a minor child of a naturalized parent, but my understanding is that the person being discussed committed his crimes after turning 18, after his mother naturalized (he was 12 at the time), so he is a US citizen and his crimes do not qualify for denaturalization. Had he been over 18 when his mom naturalized, then the good moral character requirement would be relevant.

[Ryan E 10]

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 (http://travel.state.gov/content/passports/english/abroad/events-and-records/birth.html)%C2'>

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.

[OK&MK 17]

What I don't get is how was he a GC holder for 12 years and citizenship never came up? Seems to be some key details missing from this story.

Just to respond to this item, it is not uncommon that people hold their green card for many years and never apply for US citizenship. I have family members who are law abiding, who have served in the military**, and have no legal issues who have held their green card for over 20 years and haven't applied for their citizenship. This does not have to be a red flag.

**Just in case anyone is wondering, just because you serve in the military does not give you automatic citizenship. You still must apply in order to receive citizenship. The process would be easier but it's not automatically granted.

I may have my opinions on the character of the person being assisted here, but the OP came here looking for LEGAL information, not any of our conjectures and opinions. If you don't want to help, don't help.

To the OP:

According to USCIS.gov, it states that a child under the age of 18 as of 2/27/2001 and at the time their parent is naturalized AUTOMATICALLY acquires US Citizenship. No forms need to be submitted in order for this citizenship status to be recognized, hence no statue of limitation applies here. IF the parent wants to obtain documentation of the citizenship, so they can apply for US passport, etc., form N-600 must be completed and submitted to USCIS.

Please reference the excerpts below, it appears that your cousin meets all of the requirements set forth by USCIS:

Chapter 4: Automatic Acquisition of Citizenship after Birth (INA 320)

A. General Requirements: Biological, Legitimated, or Adopted Child Automatically Acquiring Citizenship after Birth^[1]

A child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met on or after February 27, 2001:^[2]

• The child has at least one parent, including an adoptive parent^[3] who is a U.S. citizen by birth or through naturalization;

• The child is under 18 years of age;

• The child is an LPR; and

• The child is residing in the United States in the legal and physical custody of the U.S. citizen parent.^[4]

D. Application for Certificate of Citizenship (Form N-600)

A person who automatically obtains citizenship is not required to file an Application for Certificate of Citizenship (Form N-600). A person who seeks documentation of such status, however, must submit an application to obtain a Certificate of Citizenship from USCIS. A person may also apply for a U.S. Passport with the Department of State to serve as evidence of his or her U.S. citizenship.

A person who is at least 18 years of age may submit the Application for Certificate of Citizenship on his or her own behalf. If the application is for a child who has not reached 18 years of age, the child's U.S. citizen biological parent, adoptive parent, or legal guardian must submit the application.^[10]

USCIS will issue proof of U.S. citizenship in the form of a Certificate of Citizenship if the Application for Certificate of Citizenship is approved and the person takes the Oath of Allegiance, if required to do so.^[11]

^{Source: http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter4.html#S-B}

[Hin-d 16]

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.

They must have removed the criminal background section because I'm relatively sure that this was included in my application, at the time of submission. I claimed citizenship through my mother's naturalization about 9 years ago. Interview attendance may prove to be a logistical hurdle in this situation.

[OK&MK 17]

And so that you may have a more full understanding of what the OP is asking and why she believes her cousin is a US Citizen, please refer to the following:

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter4.html#S-B

Thanks minina

[OK&MK 17]

Awwww, a voice of reason on here. Thanks Shub.

I read the thread from beginning to end and am taking what the poster is saying at face value. I see no reason for them to lie to us since, in the end, it is the government who will review the case according to the law, so there is nothing to be gained by lying to this forum.
So to your question, again, yes, I saw those comments, and am going on the assumption that errors were committed by his family out of plain ol' ignorance of how things work.
If he was a US citizen by birth, then he shouldn't have gotten a green card in the first place as he was already a citizen.
If he wasn't a citizen at birth, then he automatically became a citizen at age 12 when his mother became a citizen.
His being a member of a gang and serving a prison term is not grounds for denaturalization, and he should not have been deported to begin with, but having been deported also does not affect his status as a US citizen.

On the topic of wrongful deportation of US citizens -- it should not happen, but it does happen, and victims can sue the government for damages.

[Ryan E 10]

It does seem that to be issued a Certificate of Citizenship one must be in the US. Thus the cousin is a citizen, but will be unable to document it and thus incapable of returning to the US. If this is correct, then Aussie_Jason called it back on page one.

... such individual shall be furnished by the Attorney General with a certificate of citizenship, but only if such individual is at the time within the United States.
http://www.law.cornell.edu/uscode/text/8/1452

[jhm3 15]

I'm amazed at the amount of ill-informed and just-plain-wrong information being offered up in this thread -- often with great, thoroughly unjustified conviction and in deeply judgmental tones. It's enough to make one wonder about the usefulness of this whole website, though I also note that many posters are approaching the topic in a more objective and helpful way. Obviously, without knowing the full story, and without having access to all of the documentation relevant to a prospective claim to citizenship by the individual in question, none of us here is in a position to adjudicate that claim.

Based on the background that has been offered up, however, it does appear that this individual was a US citizen from birth, having been born to parents in wedlock with a US citizen father who met the requirements for transmitting citizenship. How he ended up with a Green Card without anyone in the bureaucracy noticing that he was already a citizen is a bit mysterious, but mistakes do happen. In any case, as others have noted, it appears that he would have gained citizenship, in any case, upon the naturalization of his mother. Regardless of how he obtained citizenship, neither the fact that he failed to obtain documentation (or even to be aware) of it nor the fact that he has been convicted of a felony would have any impact on his status, and as a US citizen, he should not have been subject to deportation.

And it's certainly not unheard of for a US citizen to be deported in error. See this (lengthy) story in a recent edition of "The New Yorker": http://www.newyorker.com/reporting/2013/04/29/130429fa_fact_finnegan In that case, a native-born US citizen was classified in prison records as Mexican and ended up being sent to Mexico at the end of his sentence (and a further period in immigration detention). He ended up homeless in Central America, where he came to the attention of the US embassy (in Guatemala, I think), which issued him a passport once they were able to establish his citizenship. Interestingly, CBP gave him a hard time when he went back to the US on that passport, but as a citizen, he had every right to return.

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."

[Boiler 45,525]

It was stated that he entered the US at the age of 6 as a USC. Both parents were aware.

[Alex&Amy 28]

Has anyone else just shown up at a US Border crossing and giving the CBP Officer a promise that they will file immigrant documents soon and then been admitted legally into the US without a visa or anything other than a promise to be good? If that's really how they got into the US and that method works, I'm sure a lot of people would like to know how, sure is a lot cheaper method than paying for Visas...

[OK&MK 17]

Here we are making the assumption that this Certificate of Citizenship is REQUIRED to document his citizenship. Proof of his citizenship lies within the documents his mother has; she has documentation of her naturalization and the LPR information documents the age of her son at the time of her naturalization. I'm sure if the family of the OP obtains legal counsel specializing in immigration law this will be an easy case to prove.

It does seem that to be issued a Certificate of Citizenship one must be in the US. Thus the cousin is a citizen, but will be unable to document it and thus incapable of returning to the US. If this is correct, then Aussie_Jason called it back on page one.