Citizenship Question

[Deakon]

He's probably thinking of the Child Citizenship Act which took effect in 2001. If you were born in March 1983 or later, you would have been under 18 in Feb 2001 when the Child Citizenship Act took effect.

Seems like this is a case of that person not being familiar with the old law before the Child Citizenship Act, because they don't deal with cases like this very often. Others on this forum have managed to get a passport based on the old law, without the Certificate of Citizenship.

However, the person you spoke to may have a point, because under the old law I think there were some nuances regarding adopted children that didn't apply to biological children. So you may have to submit more evidence, or it's possible that you don't have US citizenship if all the additional conditions weren't satisfied. Give me a chance to see what I can find.

What other evidence did you submit for the passport? Where did you apply -- a post office, or a passport agency?

Meanwhile, to save your job, you probably should go back to your employer and fill out the I-9 saying you are a permanent resident. That should make the eVerify confirm you. If the employer asks why, just say that the government database says you are a permanent resident, so you will accept that right now, but you are digging up your old immigration paperwork plan to establish your citizenship and it will take a long time to obtain all the documents and get the government records updated to reflect your citizenship.

Jack you are brilliant! Regarding the E-verify process, going to go to HR and have them request a change on my I-9 and have them change US Citizen to LPR and hope that verifies job authorization.

I applied through the Post Office. I sent him my adoption decree, and amended birth certificate and information of my adoptive father. He's going to make an excpetion to extend my hold so I can retain the fee I paid at least until I can obtain the CoC.

Jack, I Googled "Dirivative Citizen Chart 3" would this be what the guy is refering to? But please let me know your thoughts if perhaps he is mistaken and confused by Child Citizen Act.

I also read an article regarding a Christopher Sinback case at ChristopherSinback.Com that in someway is related to this specific issue.

Again, thank you for all the feedback.

 

[Jackolantern]

If this is accurate, it looks like you are NOT a US citizen, unless your father filed N-643 before you were 18. Apparently for adopted children who turned 18 before the Child Citizenship Act, citizenship was only granted if that form was filed before age 18, whereas citizenship was automatic for biological children who met the other relevant conditions, whether or not any forms were filed.

http://www.hooyou.com/adoption/citizenship.html

The general rule for adopted children to become U.S. citizens if not qualified under CCA

For the adopted child whose parent(s) is a U.S. citizen: After the adoption is completed and the child has entered the United States as a permanent resident, the adoptive parent may apply for citizenship on behalf of the child by filing Form N-643. This must be done before the child is 18 years old in order for the child to become a U.S. citizen. If the naturalization process is not completed before the child's 18th birthday, the child will have to apply for naturalization on his own behalf.

I can't find the N-643 on the USCIS web site (which is understandable, as the CCA makes it obsolete), but I found it elsewhere and it says that citizenship is not granted until the N-643 is approved.

 

[Deakon]

So does that mean I do not qualify to fill out an N-600 application because how the law was inacted during those time frames?

 

[Jackolantern]

If those pages I found are correct and are applicable to you, you do not qualify for the N-600 and you are not a citizen so you also don't qualify for a US passport at this time.

However, before accepting that conclusion as final, I would suggest that you set up a one-hour consultation with an immigration lawyer to discuss your situation, verify whether those pages I found are accurate, and to explore the old laws (particularly INA sections 320 and 321 as they were worded before the Child Citizenship Act) and possible exceptions that might benefit you (immigration law is scattered with various exceptions for people in the military and their families).

If the lawyer says yes you are a citizen, ask them to point out the exact regulation or court case supporting that, because you'll need that for your US passport application as the people handling your passport application are currently not satisfied that you are a citizen.

If the lawyer says you are not a citizen, then you have to decide whether to trust that lawyer's conclusion or consult another one.

Once you finally accept that you are not a citizen, you have some tasks to do:

1. Cancel your passport application
2. Renew your green card
3. Remove yourself from the voter registration list
4. If you decide to apply for naturalization, be prepared for a bit of a hellstorm because you registered to vote (worse if you actually voted). There is an exception in the law that forgives noncitizens individuals with US citizen parents, but it only applies to those who were permanently residing in the US before age 16, whereas you moved to the US at age 16 (why the hell did they put age 16 instead of 18?).

Since you are not explicitly protected by the exception, you'll need to build as strong a case as you can to convince USCIS to use their discretion to forgive you and grant you citizenship instead of denying it or deporting you. Naturally, that would include your adoption paperwork and proof of your father's citizenship, and the documentation you have for that visit to the INS where they told you're a citizen. And if you actually voted, it would help if you waited at least 5 years after you voted before you apply, since the main focus is on offenses in the past 5 years before you applied.

Are you sure you weren't in the US before age 16? Is the "resident since" date on your green card before your 16th birthday? It doesn't make sense that your green card expired at age 18 if you had first become a permanent resident at age 16. You might have been brought to Guam (which isn't very far from the Philippines) at a younger age, and didn't realize you were on US soil.

 

[Deakon]

I was born in 1973 and I was admitted and aentered the US in 1989 which would put me at the age of 16.

I'm sure I visited Guam(not lived) as my father was working for the Armed Forces as a civilian contaractor at the time and we were in and out of Air Force bases.

Looking at my Alien Card it was set to expire on 8/15/1991 and the card is a CR 2 class which I'm not sure what it means.

I guess there's no way around this but to consult a lawyer and hope there's some exception to my case.

1. I was adopted at an early age of 10 to an american citizen who served in the military.
2. I'm also married to a US citizen of 4 years bearing two american children of my own.
3. I have lived in the the States for over 20 years, never left.

I think looking at all the options that an N-400 is the way to go and more than likely be the same suggestion of an Attorney/Lawyer.

If anyone else has suggestions, I'm all ears.

 

[Jackolantern]

Looking at my Alien Card it was set to expire on 8/15/1991 and the card is a CR 2 class which I'm not sure what it means.

CR2 would mean that your green card was based on you being the child of an immigrant parent (your mother) who was married to your citizen father for less than 2 years at the time. Is that what happened? I thought you said he was unmarried. And you didn't mention your mother at all.

What is the "resident since" date on your green card?

 

[Al Southner]

Deakon,

I agree with the suggestion by Jack, spending couple of $$$ on a consultation with a good immigration lawyer should be your priority at this time. It is money which I view as an investment in something which is priceless, your US citizenship which is important to your kids and wife. After this consultation, evaluate all your options and proceed to withdraw the passport application, which will sort of clean the slate for you. Instead of waiting 5 year as suggested by Jack, I would say that do a "brave heart", apply for US citizenship right away and ensure that you bring to bear this situation. I suspect this is going to be a blood bath and frontal assault from USCIS, but since you were adopted, you can claim extreme ignorance and bring your adoptive parent to the process. USCIS has never viewed ignorance of its procedures as an excuse, but trying won't hurt. Also, you will force USCIS to bring all documentation that they have in their archives pertaining to you, which should help you understand what they have on file. It is possible that your adoptive parent filed the I-145 form but INS never rendered a decision on it, INS used to be crappy...

Of course, you might need to invest in a lawyer who will help you throughout this difficult process, he can write 1-2 pages letter on issues which USCIS question, minimal legalese language but rather cogent and something an IO can understand without calling US attorney. Before going to meet with a lawyer, spend an afternoon writing a chronology of events of the last 21 years of your life, this will give you a road-map to share with the lawyer, assuming is a competent one who isn't intellectually lazy, he/she will know various laws applicable at the most critical period in your life. For example, before turning 18yrs, all applicable laws which might have impacted your citizenship prospect, he or she will know those and provide necessary guidance to you. The key to success in your case is simple: invest the necessary $$$, be proactive and do an extensive research on pieces of legislation which affect your case, and be shrewd(in a nice way) in dealing with USCIS. Once again, USCIS might go for all the marbles due to your violation of the law (voting) and so forth, but a good lawyer can do some amazing lawyering to get you off the hook for most of these, plus you were told by INS that you are a citizen.

 

[Jackolantern]

Instead of waiting 5 year as suggested by Jack, I would say that do a "brave heart", apply for US citizenship right away and ensure that you bring to bear this situation.

Given the risk of deportation if he voted, or the possibility of an expensive legal battle to fight off deportation, I would advise against the "braveheart" approach if he is not protected by the under-16 exception I mentioned above.

Note that with Deakon having revealed being married to a US citizen, he could apply using the 3-year marriage rule and would only have to wait 3 years after he voted in order for it to be outside the statutory period, which would mean next year if he last voted in 2008.

Or he could take the conservative approach and postpone naturalization until after his children are grown up, so the consequences of the worst-case scenario if it happens (deportation, or impoverishment from legal expenses) won't hit his children while they're growing up.

 

[Deakon]

CR2 would mean that your green card was based on you being the child of an immigrant parent (your mother) who was married to your citizen father for less than 2 years at the time. Is that what happened? I thought you said he was unmarried. And you didn't mention your mother at all.

What is the "resident since" date on your green card?

My biological parents surrendered custody to my adoptive father who was realy my uncle, because he was married to my biological mother's sister.

During the adoption, my adoptive father was the only signer because he was seperated. My mother's sister was against my adoption hence the reason why my adoptive father was the sole adopter.

I do not see a resident since date, just a adm/adj date 081589, which I would assume admission/adjusted?

 

[Deakon]

Given the risk of deportation if he voted, or the possibility of an expensive legal battle to fight off deportation, I would advise against the "braveheart" approach if he is not protected by the under-16 exception I mentioned above.

Note that with Deakon having revealed being married to a US citizen, he could apply using the 3-year marriage rule and would only have to wait 3 years after he voted in order for it to be outside the statutory period, which would mean next year if he last voted in 2008.

Or he could take the conservative approach and postpone naturalization until after his children are grown up, so the consequences of the worst-case scenario if it happens (deportation, or impoverishment from legal expenses) won't hit his children while they're growing up.

I was never very political and so I never voted for any type of politcal party. though I have regreted not voting, but now it seems like a lucky thing I did not.

Now if I applied for N-400 or perhaps going through the Married to a US Citizen route, will a DUI arrest have any negative impact on the decision? It was a traffic stop and did have to serve a 2 week jail time. This was during my 20's when I was ignorant of the consequences. However that was the only time I had a ran in with the law.

 

[Jackolantern]

So your aunt was married to your adoptive father, and your aunt also immigrated at approximately the same time you did? And she was married to him for less than 2 years when she immigrated?

Then it looks like the INS made another mistake when they gave you a 2-year CR2 card instead of a 10-year IR1 card. Your aunt would have received a 2-year CR1 card, and they made the mistake of tying you to her and issuing a CR2, instead of recognizing your direct relationship with your USC father and giving you a 10-year IR1.

Anyway, that still wouldn't change your situation, as you still wouldn't be a citizen if they did things correctly. It's just another example of INS incompetence. It's their other event of incompetence that screwed you up -- if when you visited the INS with Social Services they either said you're not a citizen, or said you're a citizen but advised you to apply for a certificate or passport (instead of saying "do nothing"), you would have sorted out the situation many years ago.

I do not see a resident since date, just a adm/adj date 081589, which I would assume admission/adjusted?

I figure that would be the equivalent of the "resident since" date shown on modern green cards.

 

[Al Southner]

My biological parents surrendered custody to my adoptive father who was realy my uncle, because he was married to my biological mother's sister.

During the adoption, my adoptive father was the only signer because he was seperated. My mother's sister was against my adoption hence the reason why my adoptive father was the sole adopter.

I do not see a resident since date, just a adm/adj date 081589, which I would assume admission/adjusted?

D,

You were admitted on August 15th, 1989 which we can safely assume be your residency date. The more you share your information, the more bizarre it gets to me. You conveniently left out the critical details of your adoption circumstance, because you gave me (maybe only me due to my ISS location), that this Air Force military man, adopted you out of the goodness of his heart while stationed in the PH. However, he had love interest in your aunt and they later became separated which appears before your adoption become final. The aunt was opposed to the adoption, did I just read in your post?

I think you need to be clear regarding the circumstances of your adoption because should you head to USCIS, wishy-washy story is going to create problems for you. Who approved your adoption paperwork in the US which enabled you to use your father's last name, if this was done (read somewhere about modified name)? Since your DUI was in your 20's, it won't be seen in negative light because you have since been to Shawshank prison for rehabilitation. If you have documentation, this will be a good time to bring to USCIS during your interview and this crime is way outside the statutory period. Which state did this DUI happen? You will have to declare that you have served time at Shawshank prison.

As I said in my previous post, spend money on a consultation with a lawyer, you will be glad you know what you are about to embark on.

 

[Jackolantern]

I was never very political and so I never voted for any type of politcal party. though I have regreted not voting, but now it seems like a lucky thing I did not.

Then your chances should be good if you deregister yourself, and to the interview bring evidence of your voter deregistration and why you thought you were a US citizen.

Now if I applied for N-400 or perhaps going through the Married to a US Citizen route...

The "married to a US citizen" route also uses the N-400. There is a section on the form where you select the 5-year option or the 3-year marriage option (or other available options such as naturalization based on military service).

Since you didn't ever vote, and your DUI was more than 5 years ago, I would recommend applying with the 5 year option, in order avoid having to answer annoying questions about your marriage and/or provide extensive evidence about your marriage (but you should still bring the marriage certificate regardless of which option you select).

, will a DUI arrest have any negative impact on the decision? It was a traffic stop and did have to serve a 2 week jail time. This was during my 20's when I was ignorant of the consequences.

It was so long ago and so minor that it almost surely won't damage your chances of naturalization at this time. However, for the interview you still need to bring the certified court documents showing what you were convicted of and the jail term you were sentenced to. And for more certainty, it may be advisable to have the immigration lawyer look at the court paperwork to double-check that it indeed won't hurt your chances of naturalization (you could have the lawyer also review the DUI paperwork when you go for the consultation to review your adoption/citizenship situation).

You also should find out from your father whether he ever filed the N-643. Maybe that's why INS said you didn't have to do anything -- it could be because he already filed the relevant paperwork to secure your citizenship!

 

[Deakon]

D,

You were admitted on August 15th, 1989 which we can safely assume be your residency date. The more you share your information, the more bizarre it gets to me. You conveniently left out the critical details of your adoption circumstance, because you gave me (maybe only me due to my ISS location), that this Air Force military man, adopted you out of the goodness of his heart while stationed in the PH. However, he had love interest in your aunt and they later became separated which appears before your adoption become final. The aunt was opposed to the adoption, did I just read in your post?

I think you need to be clear regarding the circumstances of your adoption because should you head to USCIS, wishy-washy story is going to create problems for you. Who approved your adoption paperwork in the US which enabled you to use your father's last name, if this was done (read somewhere about modified name)? Since your DUI was in your 20's, it won't be seen in negative light because you have since been to Shawshank prison for rehabilitation. If you have documentation, this will be a good time to bring to USCIS during your interview and this crime is way outside the statutory period. Which state did this DUI happen? You will have to declare that you have served time at Shawshank prison.

As I said in my previous post, spend money on a consultation with a lawyer, you will be glad you know what you are about to embark on.

My adoptive father was already separated from my aunt during my adoption process and well after entering the US.

My adoption was finalized in the Philippines through the courts. My adoption does not bear my aunts name nor does my amended birth certificate note that my aunt is also my adoptive mother. Only my fathers name is listed as my father on my amended birth certificate.

My aunt did not come to the US with us as my adopted father was already separated.

1983 – I was officially adopted bearing my adoptive father’s last name who is a US citizen.
1989 – My sister (18) and I (16) traveled to the US by ourselves as my adoptive father went ahead of us a year earlier.
1990 – I became a ward of the state of Maryland.
1991 – Went to INS in Baltimore to renew my GC or perhaps even apply for CoC. This is where my caseworker was told we did not have to do anything else as I was adopted by a US citizen at the age of 10.
2007 – Married an America citizen and had two kids with her. Not too worried about my kids as they will easily derive citizenship through their mother if being born in US soil is not a guarantee citizenship.
2009 – E-verify opens up a new realization that I am not a citizen by action of law, because there was failure by both government departments (Social Services) and (INS).

I can’t believe I have to go through all this stress of possibly getting deported, losing the presence of my wife and kids and losing my job that enables me to support my family. What a big mess. All this because my birth date falls on a specific date that adopted children can not derive citizenship, yet anyone who was born and adopted after certain dates can derive citizenship all of a sudden. It doesn’t even make sense, but I guess there’s a reason for everything.

 

[sanjoseaug20]

I can’t believe I have to go through all this stress of possibly getting deported, losing the presence of my wife and kids and losing my job that enables me to support my family. What a big mess. All this because my birth date falls on a specific date that adopted children can not derive citizenship, yet anyone who was born and adopted after certain dates can derive citizenship all of a sudden. It doesn’t even make sense, but I guess there’s a reason for everything.

If you keep pitying yourself and blaming the government, you are not going to get anywhere. Yes, you have gone through a shock, and your life is turned upside down. The only way to handle this is to be systematic. Sometimes people are wrong and that's that. It is not because someone is trying to hurt you.

As Al said ... sort out all events in your life in chronological order. But before doing that, go through N400 document and see if the questions give clue to what else might be wrong in your life besides a DUI. Once you know N400, start jotting down events starting from the time you were adopted (or before). Once you have the facts ... and I expect them to be 2 pages long, single spaced ... take them to a lawyer and get a verdict on a) citizenship, and b) N400. Then go from there. From what it seems like, there is only very small chances (if at all) of you being deported, and a very high chance of getting things corrected, but with some pain and effort.

The only way you will get through this is by having a list of things to do ... and by taking care of the list action items as a project you need to execute.

 

[Al Southner]

The chronological events look promising. What you need to do then, is to find that lawyer which we suggested and get him to work. In my view, the critical period which is unaccounted for, 1991-2009. Where and what have you been doing? Since your last visit to INS in baltimore and it was determined that your immigration paperwork wasn't in their system, why didn't you pursue the case with the help of your father? Being at adopted at 10 I can assume is an adventure (emotionally), but USCIS won't care now because you are a family man with own kids. In other words, once you turned 18 and could fight for Uncle Sam, you were of the age of responsibility to follow-up on this case.

You don't have to believe it that you are going to through this, it is actually happening. Don't worry about deportation, with a good lawyer and strong evidence, you can win your case with USCIS. We have someone who fought for about 5 years for his wife's green card in IL, hired a competent lawyer for 2k and won his case. Money can provide answers to all your trouble. I would encourage you to organize your case, consultation with a lawyer unprepared will be a waste of money and time. Failure by SSA and INS won't just solve your problems, you will have to be involved and if possible, involve someone with a law license.

 

[faysal]

Mr. Deacon>>>....with all the confusion and trouble.....why don't you file I-90 (application to replace permenant resident card)..the fee is $290. these days they process very fast....once you renew your greencard, all your problems are solved...if you want you are eligilbe to file N-400...as far as saving your job is involved, if you show your employer that filed I-90 and provide them with a copy of the I-90, I do believe that will give you some time to wait for the outcome of the I-90...

From now on, I don't really see any reason for you go down on the adoption route....renewing your greencard is more promising....good luck

 

[Deakon]

Mr. Deacon>>>....with all the confusion and trouble.....why don't you file I-90 (application to replace permenant resident card)..the fee is $290. these days they process very fast....once you renew your greencard, all your problems are solved...if you want you are eligilbe to file N-400...as far as saving your job is involved, if you show your employer that filed I-90 and provide them with a copy of the I-90, I do believe that will give you some time to wait for the outcome of the I-90...

From now on, I don't really see any reason for you go down on the adoption route....renewing your greencard is more promising....good luck

Faysal,

Thank you, that was another thing I was continplating on doing.

My question though would be the consequence of letting my GC expire.

I can honestly explain to them what all occured through the confusion and hope that will be enough excuse the ignorance of the law.

Will I have to provide proof, go through an interview process or will I get rejected for overstaying for 21 years?

I'll check out the I-90 form and see what it entails.

Thank you for the suggestion.

 

[Jackolantern]

Mr. Deacon>>>....with all the confusion and trouble.....why don't you file I-90 (application to replace permenant resident card)..the fee is $290. these days they process very fast....once you renew your greencard, all your problems are solved...

The full cost is $370 (i.e. $290 + $80 for fingeprinting). And it's not that fast. Many people wait up to 6 months for the new card to be produced.

as far as saving your job is involved, if you show your employer that filed I-90 and provide them with a copy of the I-90, I do believe that will give you some time to wait for the outcome of the I-90...

That is not necessary. Deakon already has a driver's license, and presumably also has an unrestricted Social Security card, so showing the GC or I-90 receipt to the employer is not necessary.

 

[Jackolantern]

My question though would be the consequence of letting my GC expire.

I can honestly explain to them what all occured through the confusion and hope that will be enough excuse the ignorance of the law.

Will I have to provide proof, go through an interview process or will I get rejected for overstaying for 21 years?

You won't need to explain anything. Many others here have renewed their cards after a long lapse and weren't asked to explain anything about why they didn't renew it. There is no interview; you just send in the paperwork and the fee, go for fingerprinting a few weeks later, then wait for the new card. When you go for fingerprinting you can get them to give you an I-551 stamp in your passport, which serves as temporary proof of permanent residence (for employment, travel, or whatever other purpose you need to prove your status) while you wait for the plastic card.

And it's not an overstay. GC expiration doesn't mean you lose your permanent resident status. Just like passport expiration doesn't mean you lose the citizenship of the country that issued the passport.