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Thread: Just found out not a USC after living here over 30 years! What now?

  1. #1
    Hi,

    Here's the situation- My boyfriend was born in Canada, his father is Canadian and mother is American (born and raised). He has lived in the US his whole life and now applying for a passport, finds out he is not a USC. They are saying that even though his mother had lived here 10 years prior to his birth, at least 5 of those years have to be after the age of 14. Since she was 18 when she had him, to be exact, that was only 4 years and 8 months. So him not being a citizen is all because of 4 months! AND because he was born before they changed it to at least 2 years before the age of 14.

    Does any one know if he might be able to appeal this in any way? Or would he still have to go through the whole immigration process? Will he be able to keep working here and do all that? he doesn't know anyone in Canada. His father lives there but they are not close.

  2. #2
    Hi,

    Here's the situation- My boyfriend was born in Canada, his father is Canadian and mother is American (born and raised). He has lived in the US his whole life and now applying for a passport, finds out he is not a USC. They are saying that even though his mother had lived here 10 years prior to his birth, at least 5 of those years have to be after the age of 14. Since she was 18 when she had him, to be exact, that was only 4 years and 8 months. So him not being a citizen is all because of 4 months! AND because he was born before they changed it to at least 2 years before the age of 14.

    Does any one know if he might be able to appeal this in any way? Or would he still have to go through the whole immigration process? Will he be able to keep working here and do all that? he doesn't know anyone in Canada. His father lives there but they are not close.

  3. #3
    File N-600 and see what happens. No law is written in stone.

  4. #4
    Hi and welcome. Your boyfriend should speak to a reputable immigration attorney for advice.

  5. #5
    If the decision was final, an appeal can be filed, but there is no basis to file, no issue of law or fact is in dispute. What he can do is file for the 1986 amnesty, claiming that he would have applied if he had known. Or just get married and file for adjustment of status.

  6. #6
    Filing an N-600 is very bad advice, and could get you deported or criminally prosecuted for a fraudulent application. You know you are not eligible and therefore cannot legally file for something that you are not eligible for without consequences.

  7. #7
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by federale86:
    Filing an N-600 is very bad advice, and could get you deported or criminally prosecuted for a fraudulent application. You know you are not eligible and therefore cannot legally file for something that you are not eligible for without consequences. </div></BLOCKQUOTE>

    Please read the Terms of Use of this forum once again, that nothing should be taken anywhere on this site as a legal advice.

    He already applied for a US passport just to find out that he's not entitled to one. Filing an N-600 is another option, it may get denied but not necessarily result in removal.

    Filing for the 1986 amnesty is a worse opinion because it would only be rejected outright. The windows of opportunity for any of the filings are already way over.

  8. #8
    And he can be prosecuted for that. And most likely he has been reported to ICE. Doing so again will make matters even worse. He has been told by the U.S. government that he is an alien and not a U.S. citizen. That is enough to show intent in a prosecution for fraud. And USCIS will probably call him in for an interview where ICE will arrest him.

    I am sure he can send you a thank you letter for your s.tupid advice.

  9. #9
    Who am I to give advice, stupid?

  10. #10
    You advised him to commit a federal felony. You are the world's d.umbest lawyer.

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