My brother, Dan, was born in the Phillipines in 1971, and left with my mother in 1972 after she married my father (US Citizen/Navy). My brother's name changed to my father's last name, and when my parent's divorced in 1981 the divorce decree mentioned that my father had adopted my brother. My mother remarried. Dan at the age of 17 joined the Navy - he served in the Gulf War and was discharged in 1996. My brother was abused by my father and has never felt connected to anyone (we moved while he was in the Navy and he was unable to find us for 6 years). He wasn't ever able to handle civilian living and made a lot of mistakes, one that includes robbery and use of drugs. He went to prison in 2000, spent 4 years in state prison and then was transferred to a local prison for a year and in 2005 he was deported back in to the Phillipines. He does not speak the language and is treated as a foreigner --- to the point he cannot gain employment. I was wondering how I can get him back to the US, and have him apply for Naturalization due to Clinton's statement that if you served in the Gulf War from 1990-1991 you could obtain Naturalization. I have all of his Navy Records, I just don't have adoption papers. Just wondering what steps I need to start with to get him back home... Thanks for any responses.
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Deported Brother
- Thread starter mmcmillan
- Start date
namecheckvictim
Registered Users (C)
I have more questions than answers for you. Even though I am pretty sure that ICE did their home work before picking him after his sentence and deporting him, but you never know.
1. Did your father sponsored your mother for GC and if so was your brother included? If so did your mother ever became a US Citizen and if so when and did your brother had a GC at that time?
1. Did your father sponsored your mother for GC and if so was your brother included? If so did your mother ever became a US Citizen and if so when and did your brother had a GC at that time?
Your brother turned 18 in 1989, therefore, he would have had to derive citizenship prior to his 18th birthday. Was Dan born in wedlock? That is possible if his father passed away before or shortly after his birth. Do you two have the same mother? The Philippines does not recognize divorce even today EXCEPT in a very few circumstances of things like: mental incompetence, incest, or unlawful (bigamous) marriage.
In order for Dan to legally accompany his mother when she immigrated, he would have needed to legally immigrate too. Did they bring him in under Military travel orders without proper immigration processes being followed? In order for Dan to join the U.S. Military, he should have needed a greencard or citizenship. Could he have incorrectly believed himself to be a USC and the Military believed him?
As for naturalization based on honorable active military duty during wartime--he still has to meet certain good moral character requirements. His criminal record could prevent that, it would need a closer inspection of all the details.
His mother could have had Dan out of wedlock, that would actually be easiest if he had a greencard. All that would be required would be for his mom to have naturalized before he turned 18. Good Moral Character is NOT a part of the qualifications for this type of citizenship. This can be asserted after the fact for the rest of his life. From inside the U.S. he would file an N-600 with USCIS. From outside the U.S. he would do it as part of a passport application at a consulate or embassy of the U.S. (Manila).
It is likely that this scenario would have been completely checked out during the deporation proceedings. Did he have a lawyer then? Was he so strung out on drugs that he never even thought of the possibility and perhaps gave incorrect information about his immigration history?
Lastly, if your father actually "legally" adopted him, then to get citizenship through that relationship, Dad would have had to file a form with INS on Dan's behalf and Dan would have had to show up and take an Oath of Allegiance before he turned 18 and he would have been given a Certificate of Citizenship before he turned 18 in 1989. Did that happen?
In order for Dan to legally accompany his mother when she immigrated, he would have needed to legally immigrate too. Did they bring him in under Military travel orders without proper immigration processes being followed? In order for Dan to join the U.S. Military, he should have needed a greencard or citizenship. Could he have incorrectly believed himself to be a USC and the Military believed him?
As for naturalization based on honorable active military duty during wartime--he still has to meet certain good moral character requirements. His criminal record could prevent that, it would need a closer inspection of all the details.
His mother could have had Dan out of wedlock, that would actually be easiest if he had a greencard. All that would be required would be for his mom to have naturalized before he turned 18. Good Moral Character is NOT a part of the qualifications for this type of citizenship. This can be asserted after the fact for the rest of his life. From inside the U.S. he would file an N-600 with USCIS. From outside the U.S. he would do it as part of a passport application at a consulate or embassy of the U.S. (Manila).
It is likely that this scenario would have been completely checked out during the deporation proceedings. Did he have a lawyer then? Was he so strung out on drugs that he never even thought of the possibility and perhaps gave incorrect information about his immigration history?
Lastly, if your father actually "legally" adopted him, then to get citizenship through that relationship, Dad would have had to file a form with INS on Dan's behalf and Dan would have had to show up and take an Oath of Allegiance before he turned 18 and he would have been given a Certificate of Citizenship before he turned 18 in 1989. Did that happen?
So_Special
Registered Users (C)
Def agreed, more factual information is needed here before all the emotional stuff. Not intended to sound insensitive but you have to give more facts. -ss