Have Unusual IR-2 Visa Questions About Citizenship & Passport

[dlsis 0]

21 minutes ago, acidrain said:

It's ultimately up to you whether you want to seek retroactive citizenship or just get it from this point forward. I would just be prepared if you seek it retroactively through the IR-2 route it will be a hassle. My spouse and I have had to deal with various issues with different government agencies. It's no picnic and we have found we had to spend so much time explaining ourselves. A lot of government workers approach what we said with a degree of skepticism like we were trying to pull a fast one. We were able to sort things out but this kind of stuff is not for the faint hearted. Be prepared to involve your local congressperson as these types of issues tend to get sent up the chain of command.

 

I can understand the need to sort out your immigration status with the recent political environment. As a Canadian I didn't have much interest in seeking citizenship until the recent administration came into power. 

 

At least you know you have another route if the first one does not work out. I'd find it hard to believe the government would be able to take away citizenship to those who acquired it. If you recall with the travel ban the government did back off permanent residents rather quickly. They seem to be going after those who do not have legal status as constitutionally those people are the most vulnerable. Good luck to you.

It's not retroactive.  I became a citizen legally when I entered US, I am just now trying to secure proof of that citizenship.

 

And I am not here to discuss politics or legislation, as I live in DC and ha e a very intimate knowledge of what is and isn't happening at this time.  All I can say there are legitimate reasons for permanent residents to be concerned.

[jan22 3,066]

5 hours ago, dlsis said:

It was finalized in US, when I was 15 prior to moving here permanently.  I moved to the US at 15 once adoption was final and lived with my father and mother.  My father is citizen that adopted me.

This doesn't make sense and doesn't fit with either adoption or immIgration laws.  How could you be adopted in the US without already living there?  International adoption for immigration purposes just doesn't work like that.  Are you absolutely positive he adopted you rather than petitioned for you as his step-son?  A step-son would get an IR-2 visa.  

[dlsis 0]

1 minute ago, jan22 said:

This doesn't make sense and doesn't fit with either adoption or immIgration laws.  How could you be adopted in the US without already living there?  International adoption for immigration purposes just doesn't work like that.  Are you absolutely positive he adopted you rather than petitioned for you as his step-son?  A step-son

2 minutes ago, jan22 said:

This doesn't make sense and doesn't fit with either adoption or immIgration laws.  How could you be adopted in the US without already living there?  International adoption for immigration purposes just doesn't work like that.  Are you absolutely positive he adopted you rather than petitioned for you as his step-son?  A step-son would get an IR-2 visa.  

I can only relay what information was given to me by my mom and dad.  He is going to court next week to retrieve the adoption records from the courthouse.  Hope to have more and specific information after I get those. 

[jan22 3,066]

2 hours ago, dlsis said:

 

This is a vital piece of information to determine if, and when, you may have benefited from the Cild Citizenship Act.  

[acidrain 325]

2 hours ago, dlsis said:

It's not retroactive.  I became a citizen legally when I entered US, I am just now trying to secure proof of that citizenship.

 

And I am not here to discuss politics or legislation, as I live in DC and ha e a very intimate knowledge of what is and isn't happening at this time.  All I can say there are legitimate reasons for permanent residents to be concerned.

Yes and no. You still have to "claim" your citizenship. My son is a US citizen through my spouse. But he still had to go through the IR2 process and apply for a US passport to prove his citizenship. In theory yes you might be a citizen but you have no proof that you are. Your in a very grey area.

 

A US citizen is a US citizen. You can either go through the long process of trying to prove you are the adopted child of a USC or you can just apply for citizenship based on living in the US for more than 5 years with a GC. Either way you become a citizen.

 

You seem very concerned with having your citizenship recognized from the time you entered the US. Perhaps it's something that means a great deal to you personally. However, the government doesn't really care how you became a citizen.

 

You can't honestly say the government is going to start taking away citizenship from Americans who acquired it through a green card. There would be riots. That would be considered unconstitutional. You can't change laws retroactively. The laws also go through the House and Senate. What politicians would commit to that kind of legislation? Midterms are this fall.

Edited March 17, 2018 by acidrain

[Ontarkie 14,510]

1 hour ago, acidrain said:

Yes and no. You still have to "claim" your citizenship. My son is a US citizen through my spouse. But he still had to go through the IR2 process and apply for a US passport to prove his citizenship. In theory yes you might be a citizen but you have no proof that you are. Your in a very grey area.

 

A US citizen is a US citizen. You can either go through the long process of trying to prove you are the adopted child of a USC or you can just apply for citizenship based on living in the US for more than 5 years with a GC. Either way you become a citizen.

 

You seem very concerned with having your citizenship recognized from the time you entered the US. Perhaps it's something that means a great deal to you personally. However, the government doesn't really care how you became a citizen.

 

You can't honestly say the government is going to start taking away citizenship from Americans who acquired it through a green card. There would be riots. That would be considered unconstitutional. You can't change laws retroactively. The laws also go through the House and Senate. What politicians would commit to that kind of legislation? Midterms are this fall.

It actually is important to know if he became a USC through adoption when he entered the US because if he did he cannot go through the Naturalization process. 

[dlsis 0]

12 minutes ago, Ontarkie said:

It actually is important to know if he became a USC through adoption when he entered the US because if he did he cannot go through the Naturalization process. 

Thanks.  That is what one of the lawyers was saying.

[acidrain 325]

4 hours ago, Ontarkie said:

It actually is important to know if he became a USC through adoption when he entered the US because if he did he cannot go through the Naturalization process. 

I guess the only way the OP can find out is to apply for a PP or certificate of citizenship through IR2 and seeing if they give it to him. If they don't then hopefully they will give him something to prove he tried.

[jan22 3,066]

12 hours ago, acidrain said:

I guess the only way the OP can find out is to apply for a PP or certificate of citizenship through IR2 and seeing if they give it to him. If they don't then hopefully they will give him something to prove he tried.

Better that he wait until his father gets the adoption paper from the court -- it will be needed for any application for a passport or certificate of citizenship to prove he benefited under the Child Citizenship Act (not all IR-2s do).

[acidrain 325]

1 hour ago, jan22 said:

Better that he wait until his father gets the adoption paper from the court -- it will be needed for any application for a passport or certificate of citizenship to prove he benefited under the Child Citizenship Act (not all IR-2s do).

Yes, obviously. I wasn't implying that the OP should do it before they collect the necessary documents. The same thing can be said for all applications.

Edited March 18, 2018 by acidrain

[acidrain 325]

I wanted to follow up on this thread as I recently applied for a US passport for my son who recently entered on a IR-2. Our case is as straight forward as it gets. He is a biologically my spouse's son and my spouse was born in the US. My son didn't qualify for CBRA as my spouse had not lived in the US for 2 years over the age of 14.

 

I submitted my son's passport application and it was sent to the US Secretary of State. I received a letter back requesting for even more documentation. The US passport office clearly does not take applications lightly at all. Hopefully there won't be an issue as they wanted proof of 2 years of residency but attached the letter the Montreal Consulate gave to us about not requiring it.

 

After going through this experience I highly doubt you are going to find this process easy. You will likely get a similar letter requesting specific information. You have 90 days to produce everything otherwise your application is closed. You lose all the passport fees.

 

I was surprised they even wanted me and my spouse's marriage certificate. You also have to show proof you entered the US before your 18th birthday. All documents have to be original or certified. They asked for my spouse's birth certificate but if he was a naturalized citizen they wanted the original or certified copy of that. I already had to submit my son's original birth certificate and my spouse's US passport. In some ways it felt like we are going through the IR-2 process all over again.