Need g-639 to get new passport/ travel document. I'm a european citizen.

kjn73

Registered Users (C)
#1
Could anyone help me with a question regarding the g-639 form?
I have lived in the US without a green card and have to return to my home country in Europe. When I came here I overstayed my visa. No criminal record other that a couple of speeding tickets which I paid.
Since my passport has long expired, the consulate will not issue a travel document for me unless I can show them I have not taken on US citizenship. Since I have lived here illegally, will I run into legal trouble by sending in the the g-639 under the freedom of information act, requesting this information, i.e. ICE agents knocking on my door? Again I want to leave the US and return to my home country and this would be the only acceptable form of proof that I don't have US citizenship, for the consulate. Thank you for any help.
PS: I am aware that I will be barred from re-entering the US
 

BigJoe5

Registered Users (C)
#2
I-243, Application for Removal adjudicated under 8 CFR part 250 (It is REALLY short!) IF you need financial help.
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You can enlist the aid of the U.S. in more than one way. You can file an I-243 or simply walk into an ICE Office and ask for help departing if you do not need financial help to depart. ICE would help by contacting your government to request travel documents for you. This would be a request for DHS Authorized Voluntary Departure under 8 CFR 240.25.

If ICE has no particular reason to come after you to enforce your departure and your own government is giving you grief then ICE would help you depart and obtain your travel document.

A FOIA request could be denied under the "fugitive disentitlement doctrine", and some FOIA paper-pusher could do that and be fully within the law.

"...DHS has adopted the doctrine to reject FOIA requests after a determination that the FOIA requester is a “fugitive.” Denial letters provided to the Legal Action Center state that 1) agency records indicate the requester is a fugitive, 2) that neither the requester nor an agent acting on behalf of the requester is entitled to the access, appeal or review provisions of the Freedom of Information Act, and 3) that the agency will not process the request until the individual surrenders to federal authorities and ceases to be a fugitive. In at least one letter, the agency stated that a relationship existed between the information/records sought and the individual’s status as a fugitive, and that the requested records could assist the client in continuing to elude apprehension. "

SEE: http://www.legalactioncenter.org/sites/default/files/lac_pa_fugdis_0.pdf
 

kjn73

Registered Users (C)
#3
Thank you for your help BigJoe5.
I thought I'm caught up in legal limbo since I am trying to leave voluntarily. This at least gives me some hope to optain either a new passport or a temporary travel doc. Will certainly look into it since it seems to be my only option.
I have one concern, though. If I ask ICE for this type of assistance, will I be detained? Not sure if anyone has an answer to this.
 

BigJoe5

Registered Users (C)
#4
Thank you for your help BigJoe5.
I thought I'm caught up in legal limbo since I am trying to leave voluntarily. This at least gives me some hope to optain either a new passport or a temporary travel doc. Will certainly look into it since it seems to be my only option.
I have one concern, though. If I ask ICE for this type of assistance, will I be detained? Not sure if anyone has an answer to this.
Probably not, if you are not a wanted criminal...they have REAL bad guys to worry about. You could try calling ahead and asking over the phone.

http://www.ice.gov/contact/ero/ find your local office info.

see also: http://www.justice.gov/eoir/vll/intdec/vol22/3399.pdf Which holds, in part:

Effective April 1, 1997, an alien may apply for voluntary departure either in lieu of being subject to removal proceedings or before the conclusion of the proceedings under section 240B(a) of the Immigration and Nationality Act, 8 U.S.C. § 1229c(a) (Supp. II 1990), or at the conclusion of the proceedings under section 240B(b) of the Act.
 
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