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katie1990

Deported for an Agravated felony but we think he is a US Citizen? What to do next?

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Yes, I see your point, it seems convenient when you put it like that, but on the flipside, perhaps it never occurred to them until everything was said and done.

Anyway, a lot of Americans don't even know that they are legally required to present evidence of US citizenship when entering the US. Most Americans don't really need to know that since most of them are not citizens of another country, but my point is that it isn't far-fetched that it would not occur to an American citizen abroad to file a CRBA for their child for immigration purposes.

Amen to that.

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There is no way a Honduran Birth Certificate would provide evidence of US Citizenship.

And CPB made sure one of them would "promise" to begin the process of applying for her grren card?

I'm out. Unfollow this topic now...bye bye

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1: He didn't realize he would be deported during his sentence or sentencing? You know when the judge said he would be deported on the completion of his sentence.

2: He was admitted to the US on the basis of a Honduran birth certificate?!

3: When completing the LPR application what did they write under the parents citizenship box? (As everyone here will recall you had to give the names, places of birth and citizenship of parents when completing the green card application.)

This story makes zero sense and i have my doubts on the veracity of the information. I'm out.

Those are some of the questions I've been trying to raise - without being too intrusive ;) Homeland Security will definitely look into that. This guy (aka cousin) may have not actually known all of that, since his parents mostly like filed for him LPR.

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Those are some of the questions I've been trying to raise - without being too intrusive wink.png Homeland Security will definitely look into that. This guy (aka cousin) may have not actually known all of that, since his parents mostly like filed for him LPR.

It is obviously a load of BS. When he went to immigration court after being convicted why he didn't just say "I'm a citizen". The process of getting your LPR removed is a separate process from the criminal trial.

Don't waste your time people!

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1: He didn't realize he would be deported during his sentence or sentencing? You know when the judge said he would be deported on the completion of his sentence.

2: He was admitted to the US on the basis of a Honduran birth certificate?!

3: When completing the LPR application what did they write under the parents citizenship box? (As everyone here will recall you had to give the names, places of birth and citizenship of parents when completing the green card application.)

This story makes zero sense and i have my doubts on the veracity of the information. I'm out.

You raise some valid points. But I am not questioning how he came to the US, how his mother came to the US, how he was an LPR for so long, etc. I am simply looking at the facts surrounding his US citizenship, and the evidence he has to prove it.

K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;  Interview Waiver Letter:  01/02/2015;  

RFE:  07/09/2015;  Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

NOA1:  05/24/2017;  Biometrics:  06/13/2017;  Approved without interview:  09/05/2018;  10 Yr Green card Received:  09/13/2018

 

Naturalization

08/09/2020 -- Filed N-400 online

08/09/2020 -- NOA1 date

08/11/2020 -- NOA1 received in the mail

12/30/2020 -- Received notice online that an interview was scheduled

02/11/2021 -- Interview

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katie, I hope all works out well for you all. I am sure it all has been agonizing... everything... arrest, wrongful deportation, trying to get him back.... I am sure he has learned a huge lesson through all of this too. And I am sure your family is tighter now in love than ever. If you can, keep us posted. And God be with you all.

Brian in Tennessee

Well apparently the CBP thought so because he remembers clearly the officer mentioned his son was a USC . Im telling it like Im being told. And I'm not adding the extra stuff he is saying lets just say he is aggravated lol but thank you all for the feed back .

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Filed: K-1 Visa Country: United Kingdom
Timeline

While I understand your sentiment, you are letting emotions prevail over actual law.

You mistake fact for emotions.

It happens.

November 14th, 2013: She's here!

December 12th, 2013: Picked up marriage license.

December 14th, 2013: Wedding

6gai.jpg

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Filed: Citizen (apr) Country: Brazil
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2 post removed that add nothing beneficial to the conversation, along with 1 quoting.
please focus on answering the op's question without snarky replies.

* ~ * Charles * ~ *
 

I carry a gun because a cop is too heavy.

 

USE THE REPORT BUTTON INSTEAD OF MESSAGING A MODERATOR!

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Filed: IR-1/CR-1 Visa Country: Nigeria
Timeline

NO NO NO NO! HE'S NOT A USC...... EVEN THO IF HE WAS NATURALIZED AND HAD USC PASSPORT, EVERYTHING WOULD BE REVOKED UPON DEPORTATION. IF HE'S NOT A US BORN CITIZEN, THEN HE'S CITIZENSHIP CAN BE REVOKE AT ANYTIME

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NO NO NO NO! HE'S NOT A USC...... EVEN THO IF HE WAS NATURALIZED AND HAD USC PASSPORT, EVERYTHING WOULD BE REVOKED UPON DEPORTATION. IF HE'S NOT A US BORN CITIZEN, THEN HE'S CITIZENSHIP CAN BE REVOKE AT ANYTIME

You are mistaken.

Timeline:

2005-04-14: met online

2005-09-03: met in person

2007-02-26: filed for K-1

2007-03-19: K-1 approved

2007-06-11: K-1 in hand

2007-07-03: arrived in USA

2007-07-21: got married, yay!

2007-07-28: applied for green card

2008-02-19: conditional green card in hand

2010-01-05: applied for removal of conditions

2010-06-14: 10-year green card in hand

2013-11-19: applied for US citizenship

2014-02-10: became a US citizen

2014-02-22: applied for US passport

2014-03-14: received US passport

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Filed: IR-1/CR-1 Visa Country: Honduras
Timeline

a Child born to a US CITIZEN IS a US CITIZEN. My daughter was born in Honduras and I followed the report of birth abroad to a US Citizen and got her a US Passport- All the OTHER problems that you talk about did NOT ezist in my case BUT I think this is an alienable right-- I will also say that my report took a great deal of work to put the evidence together so you may have bigger challenges organizing the information- I DO KNOW that what you need to find is the report of birth abroad paperwork and complete it

http://www.state.gov/documents/organization/156216.pdf

MY JOURNEY

2009-03-03 - Married in San Pedro Sula, Cortez, Honduras

2011-07-11 - Our second Daughter is Born in La Ceiba, Atlántida, Honduras

2013-04-15 Consular Report of Birth Abroad Completed- she is USA Citizen

We are a family of four-

TWO I130 CASES - running concurrently One for my wife and Second for my stepdaughter

USCIS
2013-08-20 - NOA1 - Priority Date established
2014-02-27 - NOA2 - after transfer to California Service Center in January

7 MONTHS and 23 DAYS at USCIS

NVC

2014-04-11 - NVC case Number & IIN Assigned

2014-04-15 - DS-261 online done and accepted

2014-04-29 - DS-260 completed online and approved on 5/14/2014

AOS

2014-04-16 - I-864 INVOICE Generated and paid

2014-04-21 - I-864 Package sent via FedEx

2014-04-22 - I-864 Package at NVC Signed for by B Standish 9:21 am FedEx

2014-05-14- I-864 package on case approved

IV

2014-04-24 - IV INVOICE Generated and paid

2014-05-02 - IV packets sent via FedEx scanned on 05/05/2014 approved on 5/29/2014 - 24 days

2014-05-29 - Case ONE OF TWO completed, 48 days

2014-06-20- CASES(s) complete Case TWO took 71 days (checklist)

Consulate

2014-08-13- POE --FT Lauderdale, FLA for my wife

221(g) additional follow up required with Consulate

2015-06-19- POE FT Lauderdale, FLA fro my Stepdaughter

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Filed: IR-1/CR-1 Visa Country: Nigeria
Timeline

THE POSTER SAID, THE HUSBAND DID NOT BRING HIS CHILD UNTIL AFTER 6YEARS, AND THE CHILD GOT GREEN CARD, NOT A US PASSPORT, SO, SOMETHING IS MISSING IF HE'S A CHILD BORN ABROAD TO A USC

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explain why

I believe it's already been discussed in detail throughout this thread, but anyway:

1) If he is a US citizen by virtue of his birth to a US citizen, he is what is called a "natural born" US citizen and that status cannot be revoked unilaterally (meaning the only way to lose the status is to do something, on purpose, with the intention of relinquishing US citizenship). Aside from the criminal background, he could be president, unlike naturalized citizens.

2) If #1 above does not apply and if he became a US citizen through his mother's naturalization before he turned 18, his status as a US citizen cannot be revoked except through denaturalization, which can only occur within specific circumstances, none of which apply here. In any case, the fact that he was deported in the first place was illegal and does not affect his status as a US citizen.

Edited by Shub

Timeline:

2005-04-14: met online

2005-09-03: met in person

2007-02-26: filed for K-1

2007-03-19: K-1 approved

2007-06-11: K-1 in hand

2007-07-03: arrived in USA

2007-07-21: got married, yay!

2007-07-28: applied for green card

2008-02-19: conditional green card in hand

2010-01-05: applied for removal of conditions

2010-06-14: 10-year green card in hand

2013-11-19: applied for US citizenship

2014-02-10: became a US citizen

2014-02-22: applied for US passport

2014-03-14: received US passport

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