I was born to a diplomat in the US. They issued me a passport and birth certificate. When I was a kid my parents were forced out and I had to go with them as I was a minor. A few years agi when I was around 16 they took my passport and said the children of diplomats aren't citizens and it was an error. My case was reffered to the star department and recently sent me a letter saying the same thing. My question: do I apply for a returning resident since I was considered a permanent resident when I was born, and had to leave because my parents were forced out when I was a minor and I had to come with them, or else I would have still been living in the US?
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Do i apply for returning resident status?
- Thread starter ayman228
- Start date
Jackolantern
Registered Users (C)
You mean a US passport?They issued me a passport and birth certificate.
My question: do I apply for a returning resident since I was considered a permanent resident when I was born, and had to leave because my parents were forced out when I was a minor and I had to come with them, or else I would have still been living in the US?
Did you get a green card? If not, you weren't a permanent resident. Although children born in the US to foreign diplomats are eligible for permanent resident status, that status is not automatic; you must formally apply for it and agree to give up your diplomatic immunity.
Your other problem is that using the US passport constitutes a false claim to US citizenship. You'll need a good lawyer to sort this out, because that false claim to US citizenship could prevent you from visiting the US. Fortunately, you didn't use it as an adult, so that may enable you to escape the penalties.
Thanks for the reply. They told me that the issued me a passport because of an error on their part, I never made a false claim nor my parents. I never held a greencard, but a greencard only indicates a permanent resident formally. According to 8 C.F.R. Section 101.3(a)(1) I was considered a permanent resident when born. I never applied because I thought I was a citizen when I left.
Jackolantern
Registered Users (C)
You'll need a lawyer to sort this out, and even with a lawyer your chances would still be slim. You have multiple hurdles to clear:
(1) prove that you were a permanent resident despite never receiving a green card or applying for it
(2) establish that your acquisition or use of the US passport didn't constitute a false claim to US citizenship, or if it did, you shouldn't be penalized because the passport was issued and used when you were a minor
(3) show that circumstances beyond your control prevented you from returning to the US until now -- if you're 19 or older that's going to be very difficult, because between your 18th and 19th birthdays you had a whole year without your parents being able to force you to remain outside the US.
(1) prove that you were a permanent resident despite never receiving a green card or applying for it
(2) establish that your acquisition or use of the US passport didn't constitute a false claim to US citizenship, or if it did, you shouldn't be penalized because the passport was issued and used when you were a minor
(3) show that circumstances beyond your control prevented you from returning to the US until now -- if you're 19 or older that's going to be very difficult, because between your 18th and 19th birthdays you had a whole year without your parents being able to force you to remain outside the US.