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

[katie1990 23]

Just last night we found out that my cousin might be a US citizen which is the reason I'm on here asking to see if he is indeed a US Citizen, what can he do to come back to the United States and what steps to follow. First of all, His father is a born US citizen. He met and married his mother in Honduras but didn't bring them over legally until he was 6 years old. He has been a LPR since he was 6, his mother naturalized when he was 12. Although he never naturalized, I believe he might be a US Citizen since both his parents are right? At age 18 he got in trouble with the law and was convicted of Armed Robbery w/ gang enhancement. He robbed someone for the "benefit of a gang" is the exact wording. He served 3 years and was subsequently deported with his green card taken away. Is he a US Citizen and therefore he can come back as a US CItizen? Was he wrongfully deported? Thank you all for any and all advice.

[Avery Cates 1,141]

If his green card was taken away, he's not a citizen or LPR anymore.

One less gang member around is to the benefit of us all, anyway.

[Shub 78]

I'm not super clear on the requirements for a child born abroad to a US citizen and a foreign spouse, but if the child was born in wedlock, I believe he would have been a US citizen at birth. On what date was he born? It may matter with regards to certain laws that were passed at some point.

Anyway, if it turns out he is not a US citizen by birth for whatever reason, then if his mother naturalized when he was 12, and if he was legally admitted as a legal permanent resident, and was legally in the custody of his mother at the time she became a citizen, then yes, I believe he automatically became a US citizen at that time.

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

[Shub 78]

If his green card was taken away, he's not a citizen or LPR anymore.

One less gang member around is to the benefit of us all, anyway.

See, this is the kind of BS I can't stand for.

While I understand your sentiment, you are letting emotions prevail over actual law.

If he wasn't a citizen and his green card was revoked, then he's SOL.

But if he was a US citizen in the first place and just no one took notice, then it's a different matter as he should not have had a green card in the first place, nor should he have been deported, nor can he lose his status as a US citizen as you seem to imply.

So please get off your soap box. If you know anything about the law and feel like providing advice with a solid foundation in said law, do. If all you want to do is vent against criminals and foreigners, spare us.

Edited March 4, 2014 by Shub

[katie1990 23]

Thank you very much @Shub that is exactly what I have been reading I've spent all day yesterday researching and everything seems to indicate exactly what you're telling me. I just wanted to make sure and ask others before we start moving things along. He was born in 1992. And yes he has always been in custody of both his parents, and He was legally admitted as a Permanent Resident at the time.

[Boiler 45,513]

I really would not want to do anything to help a gang banger, hopefully others will take the same view.

Edited March 4, 2014 by Boiler

[katie1990 23]

If his green card was taken away, he's not a citizen or LPR anymore.

One less gang member around is to the benefit of us all, anyway.

Also I did want to add that please don't answer with your emotions because that is how a lot of people end up going the wrong road because people decide to give bad advice. Yes he was not an upstanding citizen, and he understands and doesn't deny that, He is paying for it, his life has already been threatened by other gang members there and is hiding out .

[belinda63 3,038]

Problem I see is he never claimed his citizenship prior to turning 18. Not that I know much about this.

[katie1990 23]

I really would not want to do anything to help a gang banger, hopefully others will take the same view.

I wanted to be honest from the get go , had i known people would look at it this way and not provide help because of this one mistake he made I would've just lied . But for anyone that is willing to provide help and input I would appreciate it. If anything for his father that is a war veteran of this country and is greatly suffering from this whole situation . Its not about what he did, but the laws of this country.

[JohnR! 5,495]

Just last night we found out that my cousin might be a US citizen which is the reason I'm on here asking to see if he is indeed a US Citizen, what can he do to come back to the United States and what steps to follow. First of all, His father is a born US citizen. He met and married his mother in Honduras but didn't bring them over legally until he was 6 years old. He has been a LPR since he was 6, his mother naturalized when he was 12. Although he never naturalized, I believe he might be a US Citizen since both his parents are right? At age 18 he got in trouble with the law and was convicted of Armed Robbery w/ gang enhancement. He robbed someone for the "benefit of a gang" is the exact wording. He served 3 years and was subsequently deported with his green card taken away. Is he a US Citizen and therefore he can come back as a US CItizen? Was he wrongfully deported? Thank you all for any and all advice.

Failing his father reporting his birth to the US consulate in the country where he was born, he would have become a citizen when his mother became one. It would have been automatic at that point. I am not sure if he can still receive the benefit in arrears or if there is any recourse he might want be entitled to.

I would recommend you contact an immigration lawyer because even if the answer to your question - is he a US citizen - can be simple, bringing him back to the US might prove somewhat more complicated.

Good luck!

[Shub 78]

Problem I see is he never claimed his citizenship prior to turning 18. Not that I know much about this.

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

[sorchaine 10]

Was his father physically present in the US or possession at least five years, at least two of which were after the age of 14, but prior to the child's birth?

[aussie_jason 195]

He is pretty much SOL, even if he filed a N-600 and they issued his citizenship certificate then they would say all he needs to do us come claim it but they will never let him back in the country to do so. It apparently happens quite a lot but rarely ends well so he may as well get used to living in Honduras.

[Zedayn 485]

Failing his father reporting his birth to the US consulate in the country where he was born, he would have become a citizen when his mother became one. It would have been automatic at that point.

This is true, that once a parent becomes a US citizen then the child automatically becomes a citizen as well. However, he still has one parent that is a US citizen. It is arguable that he is a US citizen from birth.

To be eligible for US citizenship when born abroad, certain requirements must be met.

At least one parent needs to be a US citizen at the time of birth. There needs to be proof of relationship between the US citizen parent and the child. The US citizen needs to meet residency requirements in the US to be able to pass along US citizenship to their child.

In your case, the father is a US citizen from birth. The rules are the same for father's whether their child is born in our out of wedlock. He needs to have maintained physical presence in the US for at least 5 years before the birth of his child, 2 of which must have occurred after the age of 14.

It is possible that your cousin could be a US citizen by birth. He would need to file a CRBA form to see if he is eligible. If he is over 18, he will need to submit a signed statement why the birth was not reported earlier.

You can read more here: http://honduras.usembassy.gov/repbirthab.html

Also found this link interesting: https://cliniclegal.org/sites/default/files/231718_clinic_08.pdf

[katie1990 23]

Was his father physically present in the US or possession at least five years, at least two of which were after the age of 14, but prior to the child's birth?

He sure was , as mentioned he is a war veteran. The only time he had ever been outside the USA Was in the early 90's when he went to visit my aunt and my cousin. (He is telling me this right now as he is sitting right next to me) He's anxiously waiting for all answers we get because like I said my cousin is in great risk and is currently hiding out because his life has been threatened . Thank you all!