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Pam&Davey

Former US army bf cannot be issued US passport.

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Filed: Other Country: England
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He is a US citizen. He was born in US. Thank you for your input guys. Hope to hear more from you.

Then there is something else he's not telling you.

There is NO program whatsoever in the United States that is making it harder for members of the military or ex members of the military to get passports than anybody else. None whatsoever. And the reason he's given you is total nonsense. You are free to google, you'll find nothing along those lines at all.

He is the only one being denied.

What reason did they give him that he was denied? It would be in writing.

Reasons to deny:

1) Not a citizen

2) Doesn't have documentation proving he is a citizen

3) Owes $5k or more child support

4) Outstanding criminal legal issues

http://traveltips.usatoday.com/reasons-denial-us-passports-63314.html

Good luck!

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Filed: Timeline

§ 51.60 Denial and restriction of passports.
(a) The Department may not issue a passport, except a passport for direct return to the United States, in any case in which the Department determines or is informed by competent authority that:

(1) The applicant is in default on a loan received from the United States under 22 U.S.C. 2671(b)(2)(B) for the repatriation of the applicant and, where applicable, the applicant's spouse, minor child(ren), and/or other immediate family members, from a foreign country (see 22 U.S.C. 2671(d)); or

(2) The applicant has been certified by the Secretary of Health and Human Services as notified by a state agency under 42 U.S.C. 652(k) to be in arrears of child support in an amount determined by statute.

(b) The Department may refuse to issue a passport in any case in which the Department determines or is informed by competent authority that:

(1) The applicant is the subject of an outstanding Federal warrant of arrest for a felony, including a warrant issued under the Federal Fugitive Felon Act (18 U.S.C. 1073); or

(2) The applicant is subject to a criminal court order, condition of probation, or condition of parole, any of which forbids departure from the United States and the violation of which could result in the issuance of a Federal warrant of arrest, including a warrant issued under the Federal Fugitive Felon Act; or

(3) The applicant is subject to a U.S. court order committing him or her to a mental institution; or

(4) The applicant has been legally declared incompetent by a court of competent jurisdiction in the United States; or

(5) The applicant is the subject of a request for extradition or provisional request for extradition which has been presented to the government of a foreign country; or

(6) The applicant is the subject of a subpoena received from the United States pursuant to 28 U.S.C. 1783, in a matter involving Federal prosecution for, or grand jury investigation of, a felony; or

(7) The applicant is a minor and the passport may be denied under 22 CFR 51.28; or

(8) The applicant is subject to an order of restraint or apprehension issued by an appropriate officer of the United States Armed Forces pursuant to chapter 47 of title 10 of the United States Code; or

(9) The applicant is the subject of an outstanding state or local warrant of arrest for a felony; or

(10) The applicant is the subject of a request for extradition or provisional arrest submitted to the United States by a foreign country.

© The Department may refuse to issue a passport in any case in which:

(1) The applicant has not repaid a loan received from the United States under 22 U.S.C. 2670(j) for emergency medical attention, dietary supplements, and other emergency assistance, including, if applicable, assistance provided to his or her child(ren), spouse, and/or other immediate family members in a foreign country; or

(2) The applicant has not repaid a loan received from the United States under 22 U.S.C. 2671(b)(2)(B) or 22 U.S.C. 2671(b)(2)(A) for the repatriation or evacuation of the applicant and, if applicable, the applicant's child(ren), spouse, and/or other immediate family members from a foreign country to the United States; or

(3) The applicant has previously been denied a passport under this section or 22 CFR 51.61, or the Department has revoked the applicant's passport or issued a limited passport for direct return to the United States under 22 CFR 51.62, and the applicant has not shown that there has been a change in circumstances since the denial, revocation or issuance of a limited passport that warrants issuance of a passport; or

(4) The Secretary determines that the applicant's activities abroad are causing or are likely to cause serious damage to the national security or the foreign policy of the United States.

(d) The Department may refuse to issue a passport in a case in which the Department is informed by an appropriate foreign government authority or international organization that the applicant is the subject of a warrant of arrest for a felony.

(e) The Department may refuse to issue a passport, except a passport for direct return to the United States, in any case in which the Department determines or is informed by a competent authority that the applicant is a minor who has been abducted, wrongfully removed or retained in violation of a court order or decree and return to his or her home state or habitual residence is necessary to permit a court of competent jurisdiction to determine custody matters.

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Filed: Timeline

Has he been "stop loss'd" by the military? Did he complete his 8 year enlistment obligation?

http://usmilitary.about.com/od/deploymentsconflicts/a/stoploss.htm

Edited by I AM NOT THAT GUY
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Filed: K-1 Visa Country: Philippines
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He did finished his contract with the army. In his first denial, he was asked to submit all the papers that proves that he is an american citizen. His school records, work experiences and even of his parents. They are questioning about his citizenship as his parents are mexicans who migrated to US. He and his sisters were all born in US and only him was being denied with passport. How could that be? He can't join the army if he is not a US citizen right?

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Filed: Timeline

He did finished his contract with the army. In his first denial, he was asked to submit all the papers that proves that he is an american citizen. His school records, work experiences and even of his parents. They are questioning about his citizenship as his parents are mexicans who migrated to US. He and his sisters were all born in US and only him was being denied with passport. How could that be? He can't join the army if he is not a US citizen right?

Resident Aliens can join the military. They have to register with the Selective Service. They can even be drafted.

If he is not a citizen, however, he can not petition for a fiancée visa. This should be interesting.

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Filed: Other Country: China
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He did finished his contract with the army. In his first denial, he was asked to submit all the papers that proves that he is an american citizen. His school records, work experiences and even of his parents. They are questioning about his citizenship as his parents are mexicans who migrated to US. He and his sisters were all born in US and only him was being denied with passport. How could that be? He can't join the army if he is not a US citizen right?

Federal law only requires that officers be US citizens. If you have a current I-551 you can enlist.

I know of two families that immigrated and didn't apply for citizenship for all their kids.

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Filed: Citizen (apr) Country: Canada
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Why would he file N-600 he was born in the US?

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Filed: Timeline

Why would he file N-600 he was born in the US?

I guess I misread that. I thought his brother and sister were only born in the US. My mistake. He must have a birth certificate then. I wonder why the DOS is questioning that?
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Filed: K-1 Visa Country: Wales
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Makes more sense, I remember a story about lots of forged documents from midwives in Texas?

Makes more sense, I remember a story about lots of forged documents from midwives in Texas?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: K-1 Visa Country: Wales
Timeline

I assume they have not met

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (apr) Country: Canada
Timeline

I guess I misread that. I thought his brother and sister were only born in the US. My mistake. He must have a birth certificate then. I wonder why the DOS is questioning that?

Ok I was trying to figure that one out.

Must be like what Boiler is saying. Maybe he needs to go get a new birth certificate, maybe the old one he is using looks off? I don't know just thinking out loud.

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Filed: Citizen (apr) Country: Iran
Timeline

I'm from Texas and never had a problem getting a passport. There is more to the story. They obviously think the birth certificate is fake. Was he born in a hospital or at home?

All I can suggest is he gather all the records he can showing his life in the US as a child such as school records, medical records, baptism records, etc. and submit them as proof.

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