Complicated Situation--Advice Would be Greatly Appreciated

1

10004

New Member
We moved to the U.S. in 1973 and then moved back to Canada a few years later--I was under the impression that I was a dual U.S.-Canadian Citizen. I've had a SSN since back then.

I moved back to the U.S. in 1990. The company that I worked for offered to sponsor me and I declined because I thought that I was a citizen.

I "ran afoul" of the law in 1991 and had adjudication withheld on one felony and nolo contendre on the second felony. Both charges were from the same incident. I have never been in trouble before or since. I received post-conviction relief yesterday. Both charges have been nolle prossed. A certified copy is on its way to me as we speak.

Married a USC in 1995 and am still married with 2 USC children.

Have crossed the border many, many times over the years without incident until late 2007 when returning from Mexico.

US Citizenship questioned by CBP and I was ordered into Deferred Inspection because of convictions. CBP Officer in Dallas-very decent guy told me that I should stop claiming to be a USC because if I couldn't prove citizenship, I'd be committing a felony.

I hired an "attorney" who I now feel was a fraud and may have been sent to prison for claiming to have been an immigration attorney.

Prior to going to Deferred Inspection, I had a family emergency so on the advice of this "attorney" I "Voluntarily Left" and went to Canada. The "attorney" told me that he would file the appropriate paperwork with the proper authorities. My I-94 was not taken when I left the US so I mailed it to an address in KY with an explanation. I also sent a letter to Deferred Inspection explaining the situation as well.

The "Lawyer" freaked out when I told him this and told me that as my lawyer, I was not to talk with Immigration--it's his job. He then emailed the CBP Officer posing as me and lied and said that I lived in Canada. I found out about this after returning to the US.

When I was able, I returned to US a few weeks later with my passport (Canadian) without incident. So-called Lawyer said that he FOIA'd info and I'm a citizen so I'm fine he says. (turns out that I really don't think I am a USC any more)

I found out a month ago that the CBP Officer put me into Removal proceedings 2 years ago--I've never received anything in the mail. When I found this out, I contacted a real lawyer and now here I am with no convictions but no idea as to what to do next to adjust status or if I can. I do have the "A" number that I got in 1973. The criminal attorney told me that he's had clients in Immigration custody and as soon as they have received Post Conviction relief, that have been immediately released and have been able to go on with their lives.

I know, it's a mess but any advice would really help.

Thank you.
 
10004 said:
We moved to the U.S. in 1973 and then moved back to Canada a few years later--I was under the impression that I was a dual U.S.-Canadian Citizen. I've had a SSN since back then.

I moved back to the U.S. in 1990. The company that I worked for offered to sponsor me and I declined because I thought that I was a citizen.

I "ran afoul" of the law in 1991 and had adjudication withheld on one felony and nolo contendre on the second felony. Both charges were from the same incident. I have never been in trouble before or since. I received post-conviction relief yesterday. Both charges have been nolle prossed. A certified copy is on its way to me as we speak.

Married a USC in 1995 and am still married with 2 USC children.

Have crossed the border many, many times over the years without incident until late 2007 when returning from Mexico.

US Citizenship questioned by CBP and I was ordered into Deferred Inspection because of convictions. CBP Officer in Dallas-very decent guy told me that I should stop claiming to be a USC because if I couldn't prove citizenship, I'd be committing a felony.

I hired an "attorney" who I now feel was a fraud and may have been sent to prison for claiming to have been an immigration attorney.

Prior to going to Deferred Inspection, I had a family emergency so on the advice of this "attorney" I "Voluntarily Left" and went to Canada. The "attorney" told me that he would file the appropriate paperwork with the proper authorities. My I-94 was not taken when I left the US so I mailed it to an address in KY with an explanation. I also sent a letter to Deferred Inspection explaining the situation as well.

The "Lawyer" freaked out when I told him this and told me that as my lawyer, I was not to talk with Immigration--it's his job. He then emailed the CBP Officer posing as me and lied and said that I lived in Canada. I found out about this after returning to the US.

When I was able, I returned to US a few weeks later with my passport (Canadian) without incident. So-called Lawyer said that he FOIA'd info and I'm a citizen so I'm fine he says. (turns out that I really don't think I am a USC any more)

I found out a month ago that the CBP Officer put me into Removal proceedings 2 years ago--I've never received anything in the mail. When I found this out, I contacted a real lawyer and now here I am with no convictions but no idea as to what to do next to adjust status or if I can. I do have the "A" number that I got in 1973. The criminal attorney told me that he's had clients in Immigration custody and as soon as they have received Post Conviction relief, that have been immediately released and have been able to go on with their lives.

I know, it's a mess but any advice would really help.

Thank you.
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So you thought you were a US citizen simply because you came here in 1973? Why would you think that? Wow If it were only that easy.

You have claimed to be a US citizen, to US officals (according to you) multiple times, that's a big no no; deportable for life with no waiver(s) available! You have also left the US to go back to Canada multiple times, you are more than likely subject to a 10 year ban. You have lots of big problems.

We haven't even hit on the felonies yet, that's a whole other story.........

I am surprised, in general, that you are even still in this country! You should be thankful that you have lasted here this long. I really don't see you ever getting your green card, sorry.

Only advice you are going to get on here is to get a competent lawyer, and pray.

Sorry to be so harsh, but it's true.
 
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My mother became a U.S. citizen at the time because if not, and my father lost his job, we'd have to leave the country within 30 days. Apparently he also adjusted the status for himself and for us as well but he did not become a citizen. From what I now understand, both parents would have had to become U.S. citizens in order for my siblings and I to have automatically become dual citizens as well.

Having the felonies nolle prossed clears me of all criminal matters--I already know this beyond a shadow of a doubt. Arrests in and off themselves don't lead to removal, convictions do and I don't have any convictions anymore.
 
10004 said:
My mother became a U.S. citizen at the time because if not, and my father lost his job, we'd have to leave the country within 30 days. Apparently he also adjusted the status for himself and for us as well but he did not become a citizen. From what I now understand, both parents would have had to become U.S. citizens in order for my siblings and I to have automatically become dual citizens as well.

Having the felonies nolle prossed clears me of all criminal matters--I already know this beyond a shadow of a doubt. Arrests in and off themselves don't lead to removal, convictions do and I don't have any convictions anymore.
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How old were you when your mom became a citizen?
 
10004 said:
Having the felonies nolle prossed clears me of all criminal matters--I already know this beyond a shadow of a doubt. Arrests in and off themselves don't lead to removal, convictions do and I don't have any convictions anymore.
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I don't think this is true any more. In 1996 they changed the laws and they no longer care if you were convicted or aquitted. Well, they do use court judgements as a guideline but they still want to know every time you were arrested or even detained for any felony. Besides that they also want you to answer if you were ever involved in any way in the commission of a felony. So merely having confessed at some point to a felony can count against you. Also, if you went to trial and got immunity from prosecution through a plea bargain and the court records were sealed they still want to know and will investigate!

Now one good thing I noticed is that the felonies were committed more than 15 years ago. That's very very good because it qualifies you to apply for a waiver unless the felonies involved murder or torture which they probably didn't. The 15 year exception allows you to argue you have been rehabilitated which is quite easy to prove since you have no further convictions or arrests I presume. At least no arrests or detentions where you were found guilty.
 
praxx said:
I don't think this is true any more. In 1996 they changed the laws and they no longer care if you were convicted or aquitted. Well, they do use court judgements as a guideline but they still want to know every time you were arrested or even detained for any felony. Besides that they also want you to answer if you were ever involved in any way in the commission of a felony. So merely having confessed at some point to a felony can count against you. Also, if you went to trial and got immunity from prosecution through a plea bargain and the court records were sealed they still want to know and will investigate!

Now one good thing I noticed is that the felonies were committed more than 15 years ago. That's very very good because it qualifies you to apply for a waiver unless the felonies involved murder or torture which they probably didn't. The 15 year exception allows you to argue you have been rehabilitated which is quite easy to prove since you have no further convictions or arrests I presume. At least no arrests or detentions where you were found guilty.
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The OP said one of his/her mother was a US citizen, which makes the OP a US citizen if the parent was naturlized before his/her 18th birthday.
 
trialanderror83 said:
The OP said one of his/her mother was a US citizen, which makes the OP a US citizen if the parent was naturlized before his/her 18th birthday.
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Yeah lucky for him if that's the case. But if not then he needs to look into that 15 year rehabilitation waiver clause to truly expunge those convictions. Lets see if OP was indeed under 18 at the time. There may be many other complications such as him moving to Canada and using a Canadian passport.

Do naturalized USCs not have to revoke their previous citizenship? There could be other complications such as him not paying US taxes while living in Canada as a Canadian citizen or other behaviour which prompted CIS to put him through removal proceedings even though he claimed to them that he thought he was a USC. Very complex situation, I don't pretend to know much about dual citizenship but obviously you do. Maybe you're right and it's dead simple and he is a USC with no problems.
 
praxx said:
Yeah lucky for him if that's the case. But if not then he needs to look into that 15 year rehabilitation waiver clause to truly expunge those convictions. Lets see if OP was indeed under 18 at the time. There may be many other complications such as him moving to Canada and using a Canadian passport.

Do naturalized USCs not have to revoke their previous citizenship? There could be other complications such as him not paying US taxes while living in Canada as a Canadian citizen or other behaviour which prompted CIS to put him through removal proceedings even though he claimed to them that he thought he was a USC. Very complex situation, I don't pretend to know much about dual citizenship but obviously you do. Maybe you're right and it's dead simple and he is a USC with no problems.
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I am dual American/Canadian citizen. I believe that if the OP's parent was naturlized before the OP's 18th birthday, than the OP is already a US citizen and need only to file N-600.
 
praxx said:
Yeah lucky for him if that's the case. But if not then he needs to look into that 15 year rehabilitation waiver clause to truly expunge those convictions. Lets see if OP was indeed under 18 at the time. There may be many other complications such as him moving to Canada and using a Canadian passport.

Do naturalized USCs not have to revoke their previous citizenship? There could be other complications such as him not paying US taxes while living in Canada as a Canadian citizen or other behaviour which prompted CIS to put him through removal proceedings even though he claimed to them that he thought he was a USC. Very complex situation, I don't pretend to know much about dual citizenship but obviously you do. Maybe you're right and it's dead simple and he is a USC with no problems.
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No, you need not give up your Canadian citizenship for an American one. The OP would already be a US citizen anyhow.
 
trialanderror83 said:
No, you need not give up your Canadian citizenship for an American one. The OP would already be a US citizen anyhow.
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Yes but all US citizens are supposed to pay US taxes. OP went back to Canada and didn't pay US taxes as per the tax treaty as USCs are supposed to. That might be construed as believing you were not a USC or revoking/abandoning your USC. I don't know, I'm just guessing here because obviously someone in CIS is trying to remove him. I guess if he was under 18 then he is a USC. We'll see what OP says if he ever comes back.
 
praxx said:
Yes but all US citizens are supposed to pay US taxes. OP went back to Canada and didn't pay US taxes as per the tax treaty as USCs are supposed to. That might be construed as believing you were not a USC or revoking/abandoning your USC. I don't know, I'm just guessing here because obviously someone in CIS is trying to remove him. I guess if he was under 18 then he is a USC. We'll see what OP says if he ever comes back.
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Not paying your taxes is by no way a means to lose ones US citizenship.
 
praxx said:
I know. It just happened to show up when I googled so I linked it since it's from this very forum.
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Again, an opinion of one on here (Not law). A US citizen will not get deported for not paying taxes, that's ridiculous to even think, and more stuped to debate......
 
The original poster appears to have given up this forum.

He has not given sufficient information to figure out if became a citizen back then. Probably not because at that time BOTH parents had to naturalize in order for an LPR kid to DERIVE USC under former INA 321. So, unless he gave inaccurate info, he likely did not derive. For those still browsing.....

BOTH parents under former INA 321 means:

both mom and dad who were married or

a divorced parent with custody or

an unwed mom (if the alien father had NOT legitimated the kid) or

a sole surviving parent.

an unwed alien father who naturalized would not count, under former INA 321, even if he had legitimated the kid, unless mom was dead and he became a sole surviving parent.

Former INA 321 ceased to have any effect as of February 27, 2001.
 
You only need one parent if one died. He should look up the "nationality charts" on the internet and see where he falls. Some people have no clue that they are USC's. The filing of the N-400 or N-600 might be required, least he should download the application and see the requirements.
 
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