How do I prove that I'm not a US citizen?

kjn73

Registered Users (C)
Could anyone help me with this?
I have lived in the US without a green card and want to return to my home country in Europe.
Since my passport has long expired, the consulate will not issue a travel document for me unless I can show them I have not taken on US citizenship. Since I have lived here illegally, will I run into legal trouble by sending in the the g-639 requesting this information, i.e. ICE agents knocking on my door? Again I want to leave and return to my home country and this would be the only acceptable form of proof that I don't have US citizenship, for the consulate.
I was also told my request under the FOIA could be denied since I am not a US citizen and should instead go to my local ICE or Homeland Security office and request their help in obtaining a passport/travel doc from the consulate and apply for voluntary departure. I want to leave soon and am afraid this prcess could take very long and I could be detained. Don't have a criminal record other than a couple of speeding tickets which I paid. This is a sticky situation for me...
Thanks for any help
 
I don't see how G-639 will provide anything that shows you don't have US citizenship. For somebody who became a naturalized citizen, the file would show documents from both before and after citizenship, so somebody with citizenship could simply exclude the papers that show citizenship. In addition, you have to wait about a year after filing it to get the papers, and I'm sure you want to leave sooner than that.

What you need is some sort of document from USCIS saying that you have not become a naturalized citizen. I'm not sure how that would be obtained. Consider consulting an immigration lawyer.
 
I don't see how G-639 will provide anything that shows you don't have US citizenship.

If properly executed, it will confirm that kjn73 never applied for naturalization. In fact, G-639 is a pretty common way of proving lack of US citizenship. It's a standard practice of German Consulate (for instance) to request that form in case someone wants to renew German passport but cannot produce any evidence of his/her immigration status
But it's true - it will take many month to get your FOIA addressed
 
Thank you everyone for your replies, I appreciate it. Unfortunately a notarized affidavit will not be accepted from the consulate. This was one of the first questions I asked when I first called them. I will try and call HS/ICE to see if they can help me getting the required docs to confirm I'm not a US citizen.
 
hm

Thank you everyone for your replies, I appreciate it. Unfortunately a notarized affidavit will not be accepted from the consulate. This was one of the first questions I asked when I first called them. I will try and call HS/ICE to see if they can help me getting the required docs to confirm I'm not a US citizen.

<rant>
how is this even possible? so, you can't produce a document, the country will deny you the right to come home? and what if you were not a citizen of US, but another 3rd country? how does getting a document from the US prove that you don't have another 3rd country citizenship. this just makes no sense to me.
</rant>
 
How about walking in to your local USCIS or ICE office and declaring that you are an illegal immigrant? You may even get a free trip home out of it.

I am only half joking. I've read news reports of similar things happening.
 
The US state department may be able to provide you with a letter stating you aren't a US citizen. Call them to find out.
 
you are right on this one. Makes absolutely no sense, whatsoever. They want it from the US since I'm trying to leave from here.
I have a notarized copy of my birth certificate but the consulate insists I have to prove "non-us citizenship" before they let me go back in....
 
<rant>
how is this even possible? so, you can't produce a document, the country will deny you the right to come home? and what if you were not a citizen of US, but another 3rd country? how does getting a document from the US prove that you don't have another 3rd country citizenship. this just makes no sense to me.
</rant>

The OP is in the US and has been in the US for years, so they have some reason to suspect US citizenship. However the way they're handling it with a "prove a negative" requirement is ridiculous.

It should be sufficient for them to require the individual to sign a sworn, notarized statement about not having US citizenship, and then forward copies of the individual's identifying documents (passport, visa, birth certificate) to the US Department of State saying that this individual is claiming to NOT be a US citizen. And let the individual know up front that the documents will be forwarded to the US DoS, so that would act as a deterrent to lying.

Then if the US govt. later confirms the individual's US citizenship, punish them and deport them back to the US.
 
Proof of NON US-Citizenship needed

does anyone have another idea on how to obtain proof of NON-US citizenship? Sent out a G-639 over a month ago to get this type on proof through the FOIA. Not even gotten a receipt for my inquiry. Also went to an appointment with immigration and they also said they cannot give me such documentation and they have seen cases where it took up to one year for a resonse to the G-639. I am a german citizen with overstayed visa and expired passport. The only form my consulate will accept is the response from my G-639 inquiry in order to isue a passport/travel doc. for me. I have a flight scheduled for the12. July of this year. From San Diego to Chicago, then onward to Dublin, Ireland and to my final destination Berlin, Germany. According to TSA I should not have problems since I am also in possession of a valid Arizona DL and a notarized copy of my German birth certificate. The only problem is the airline (Aer Lingus) which operates the international leg of my flight. No valid passport, no boarding. Told them I had (besides my exp. German passport) an AZ DL and copy of birth certificate. The answer was NO. But when I called the day before I was told they would accept my expired passport.
This is quite a story, I know...but has anyone, any suggestions ideas. I called all agencies from dpt of state, Homeland Sec. Border Patrol and ICE. No one seems to care or has an answer. Can someone help?
 
As someone suggested, go to ICE and demand the deportation. The only problem is they will probably call the cops and have you escorted outside rather than deported.

Another thing you could do is contact a competent immigration attorney and ask if there is any way to get the evidence of not being a citizen before your scheduled departure.
 
Schengen countries will let you enter on an expired Schengen passport. You should have no problems at the airport if you take a direct flight to Germany. Since Ireland is not a party to Schengen it would be best if you changed your flight to fly Lufthansa or other Schengen country carrier.
 
does anyone have another idea on how to obtain proof of NON-US citizenship? Sent out a G-639 over a month ago to get this type on proof through the FOIA. Not even gotten a receipt for my inquiry. Also went to an appointment with immigration and they also said they cannot give me such documentation and they have seen cases where it took up to one year for a resonse to the G-639. I am a german citizen with overstayed visa and expired passport. The only form my consulate will accept is the response from my G-639 inquiry in order to isue a passport/travel doc. for me. I have a flight scheduled for the12. July of this year. From San Diego to Chicago, then onward to Dublin, Ireland and to my final destination Berlin, Germany. According to TSA I should not have problems since I am also in possession of a valid Arizona DL and a notarized copy of my German birth certificate. The only problem is the airline (Aer Lingus) which operates the international leg of my flight. No valid passport, no boarding. Told them I had (besides my exp. German passport) an AZ DL and copy of birth certificate. The answer was NO. But when I called the day before I was told they would accept my expired passport.
This is quite a story, I know...but has anyone, any suggestions ideas. I called all agencies from dpt of state, Homeland Sec. Border Patrol and ICE. No one seems to care or has an answer. Can someone help?

FOIA takes way too long. I think you'll have to contact DHS and apply for voluntary departure. If granted, the document they give you should be sufficient proof that you're not a US citizen. When applying, explain that you need proof of being a noncitizen so Germany will give you passport so you can leave.
 
Another option may be to visit the German consulate in person if you haven't already done that. That may enable you to speak to a more reasonable person (generally, the people on the phones of any organization are not the more experienced, well-trained people), so you can explain your situation in the US and ask them to help you contact the US Department of State for proof of noncitizenship.
 
Another option may be to visit the German consulate in person if you haven't already done that. That may enable you to speak to a more reasonable person (generally, the people on the phones of any organization are not the more experienced, well-trained people), so you can explain your situation in the US and ask them to help you contact the US Department of State for proof of noncitizenship.

I contacted an immigration attorney who is going directly to immigration and have a supervisor run me throught the system to show I have never married a US citizen or applied for immigration (benefits). He will write me an affidavid. of that and according to the German consulate this shouls suffice.
Hope I could even get a "temporary passport" if not a have to change airlines such as Condor for a direct flight.
Thank you for your help and everyone who responded to my post.
 
Did you managed to take care of it. I have the same problems and have nothing but problems.Even if my situation is a little different,but they still want me to provide that i am not a US Citizen.I am lost.If you made it please let me know how . If not,i think we are in a situation where the Sheriffs Department has to make sure we can get back home
 
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