Green card question?

[zip316 0]

I have a friend who is Amerasian and got a green card as an Amerasian from Vietnam, his father was an American serviceman. He got into some trouble with the law and served a couple of months in jail and then reported to immigration. He was never deported but he let his green card expire in fear that they would try to deport him.
In your experience, is a proven Amerasian deportable from the US or are they consider derivative citizens? Can he say that he is not deportable and should be considered an American citizen? Have you ever heard of any cases that are similar to this?

[Boiler 46,004]

How did he become an American Citizen?

[Jawaree 718]

No he will not be deported..what was his charge

he needs to look about getting the USC status papers

he can ask for help at legal aid or with an atty.That's

the reason when he spoke to immigration they did

not pursue the matter but if he becomes a menace

who knows/

He can get his new GC, ICE knows where to find him if he

is employed, carries a mtge, have credit cards or leasing,

he is only hiding from himself now

[heo luoi 206]

https://goo.gl/qNHZe1 there are a lot of holes to fill in here. Was the USC father ever in the picture? I agree though, not sure why you would let your GC expire out of fear of deportation, then vs when they already had you incarcerated. Why would they let you go only to kick you out later? That doesn't seem to make much sense. Letting his GC lapse seems like the bigger issue well not knowing the crime involved but few months of jail doesn't sound like it would have been heinous.

Edited September 21, 2015 by coldhands

[newacct 688]

Amerasians are usually not US citizens at birth, because to transmit US citizenship to a child born abroad out of wedlock to a US citizen father, not only must the father satisfy certain physical presence requirements, but the father also had to have voluntarily made a written statement in front of some official before the child is 18, promising to financially support the child until age 18. This condition is usually not met.

The fact that he got a green card as an Amerasian means they were aware of his parentage during adjudication but still did not think he was a US citizen, or otherwise they would have denied his green card as they cannot give green card to a US citizen.

He could only have become a US citizen by applying for naturalization after turning 18, or living with US citizen parents as a permanent resident before turning 18 (whether one or both parents need to be US citizens depend on when he turned 18).