Another deported "child" who could have gotten USC but for the parent's failure to apply

It's not surprising that her adoptive parent didn't apply to secure the girl's citizenship, given the usual lack of immigration knowledge of born US citizens.

But what is strange (yet still too common) is when naturalized parents who have personally been through all the various stages of immigration just sit back and do nothing about the citizenship their minor children. Then their children turn 25 or 30 and are struggling to find documents to prove derived citizenship, or struggling to figure out whether they qualify for derivative citizenship in the first place.
 
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That's why I always personally recommend everyone to apply for N-600 for their children right after the parent or parents naturalization, besides obtaining the US passport which is easier and faster.
 
Jackolantern said:
But what is strange (yet still too common) is when naturalized parents who have personally been through all the various stages of immigration just sit back and do nothing about the citizenship their minor children. Then their children turn 25 or 30 and are struggling to find documents to prove derived citizenship, or struggling to figure out whether they qualify for derivative citizenship in the first place.
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Agreed. I've also met LPR parents who don't seem to worry about citizenship for their kids as much as I did. Perhaps my biggest motivation for proceeding with naturalization as soon as I was eligible, was for my teenage daughter. She has grown up in this country and naturally is probably more American, culturally speaking, than Canadian. I wanted to make sure we nailed down her US citizenship while she was still a minor, so that she'll have freedom of choice about which country to live in, for the rest of her life. I didn't want to risk her doing some stupid deportable offense as a young adult (she's a straight-edged girl so it's not that I thought that likely, but on the other hand, there's always some risk of a young person doing something stupid). I also imagined scenarios like her deciding to go to university in Canada, or take a job there, and naively allowing her green card to lapse, without understanding how difficult it could be to go back "home" (to the US) later on.

As a parent, having chosen to bring my child to the US at a young age, I thought it was my parental responsibility to follow through and make sure she got US citizenship.
 
Such a sad outcome. Yes, this happens to quite a number of people, in this case her mother is the only one mentioned as a US-born citizen, which may mean that her father should have gone through the immigration process. How could he also have failed to pursue this on her behalf even though she daughter herself did not pursue it but assumed she derived citizenship, being an adult herself. Some things are just learned the hard way, but this is just a way too hard way to learn a lesson because its like a life sentence back to her country and never to return.
I personally know someone who has been here since the eighties and got his green crad back then and had to elope from the US withint the past five years due to legal issues he got into, if only he filed his N400 ages ago. Parents are not the only ones to blame, even those adults who fail to safeguard themselves are as well. You will know those who are onpoint with their stuff, those like us here who closely follow the 2/4 year 9 months rule looking for the earliest time to file without loosing a day to USCIS, LOL.
 
König said:
This unfortunate "child" was ordered to be deported because of several aggravated felonies and a possession of controlled substance. Hardly a sad outcome for the USA ;)
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It may not be sad for the US but sad for the person in the situation in the sense that just like US citizens alike who commit crimes and move on with their lives thereafter, she has paid her dues to the justice system and only because of a lack of citizenship she failed to apply herself to acquire she is being removed.
 
jayoa said:
Such a sad outcome. Yes, this happens to quite a number of people, in this case her mother is the only one mentioned as a US-born citizen, which may mean that her father should have gone through the immigration process. How could he also have failed to pursue this on her behalf even though she daughter herself did not pursue it but assumed she derived citizenship, being an adult herself.
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There is no mention of the father's status. If he obtained a green card at the same time as his daughter, he couldn't have become a citizen before she turned 18, so he couldn't have done anything about his daughter's citizenship.
 
Jackolantern said:
There is no mention of the father's status. If he obtained a green card at the same time as his daughter, he couldn't have become a citizen before she turned 18, so he couldn't have done anything about his daughter's citizenship.
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Since there is no info on the father's status, we can discuss varying views in any case anyway. we all know that the father may not know anything if he himself never went through the immigration process. But the nature of any discussion and in case that he did, since we can't confirm that, it is fine to provide other perspectives which is the basis of discussions; to have views from all sides. Don't sweat the small stuff.
 
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The USC married her alien husband by some point in 1993, at the latest. Likely well before the adoption.

The girl was adopted by her STEPMOTHER in 1993, them immigrated in 1994.

Dad and adoptive mom divorced when the girl was 17 in 1995. The dad might have been able to naturalize before the girl turned 18 BUT that does not appear to be the case.

The decision did discuss that she did not qualify under the OLD sections 320 and 321 and had to rely solely on OLD 322.

Under OLD 322, there was a short window of opportunity in this case. I cannot believe that they did not use a lawyer. They did at least TWO immigration cases and an ADOPTION!!!!---???Can you believe that no lawyer mentioned this as an option??? [I sat at least 2 because there could have been more kids in that family.]

They should have been aware of the opportunity but simply did not bother with it.
 
With the divorce finalized in 1995, it's likely the divorce filing and/or separation was in 1994 or early 1995. That would have disqualified her father from naturalizing with the 3 year rule. So to naturalize with the 5 year rule before her 18th birthday, he would have had to have his GC since 1991 or earlier. Which in turn means marrying in 1990 or earlier, given the longer processing times back then. I don't get the impression they were married that long.
 
jayoa said:
It may not be sad for the US but sad for the person in the situation in the sense that just like US citizens alike who commit crimes and move on with their lives thereafter, she has paid her dues to the justice system and only because of a lack of citizenship she failed to apply herself to acquire she is being removed.
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In case of US citizens who commit crimes, the government does not really have a choice but to let them live their lives thereafter. In case of non-citizens, there is a simple and most effective way to clean the society - deportation. Nobody wants aliens who commit aggravated felonies to live in their countries. However, this is off topic.

To me, the situation is quite clear - before 2000, adoptive parents had to apply for a citizenship for an adopted child. She turned 18 before 2000, so there is not much a court could do in this case.
 
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