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Thread: Freedom of Travel - Constitution question?

  1. #1
    I am a US Citizen by birth, my adopted child (age 13) was denied a B2 entry to process his US Citizenship based on the assumption of "Intent to immigrate"

    My question is since the specific purpose of my son's entry is it process his US Citizenship, Isn't the right to travel guaranteed under the Constitution?

  2. #2
    I am a US Citizen by birth, my adopted child (age 13) was denied a B2 entry to process his US Citizenship based on the assumption of "Intent to immigrate"

    My question is since the specific purpose of my son's entry is it process his US Citizenship, Isn't the right to travel guaranteed under the Constitution?

  3. #3
    There is no right to travel under the Constitution. Your non-USC child was probably denied entry because of his intent to remain longer. you should file I-130 for your child to emigrate safely to the US if your intent or your relative's intent is for you son to stay here more permenantly.

    If not the case above, then you had an overzealous custom agent who thought he/she heard something from the child to refuse entry. Why, I have no idea.
    "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

  4. #4
    Was processing of child's citizenship the main reason for traveling to the US? You did plan to return to the country you are living in, and where child goes to school?
    I guess you were not prepared to rebut the IO's call. It is sad, but it is a reminder that just about everybody can be refused entry into the US.

  5. #5
    Thanks for the reply. The I-130 was already filed. This link differs from your reply,
    http://caselaw.lp.findlaw.com/data/c...ment14/33.html but I beleive you that there is no Right to Travel in the Constitution. So tell me why do I not receive a exit stamp in my passport when I leave the US?

    My son is qualified for Automatic Citizenship as of December 2004, however to access his Citizenship he must enter the US. The criteria for his entry was based on my place of residence although the text says it is based on his place of residence. If I had perminate residence outside of the US, his entry would have been allowed and he would have his US Citizenship. Since my domicile at the time was in the US his entry was denied.

    The purpose of his entry is to process his US Citizenship any other "Intent" is moot because his Citizenship changes his status. There appearently is agreement with my thought process because the I-134 & I-485 is not required. http://www.nilc.org/immlawpolicy/aosupp/aosupp015.htm Based on what I have read from the link above and the circumstances, I think there is a conflict in the rules and there is just no case president prove it. "overzealous"? more like brain dead!

    S.2611 S.AMT 4025 would certainly fix the problem.

  6. #6
    Jonnyca,

    Most people on whose behalf an I-130 was filed, would have hard time entering the US on tourist visa. With the new information you provided, I don't think IO at POE was way off (not too compensionate though, but certaily not "brain dead").

    Looks like you are in between two scenarios:-
    - US parent living in the US with the child who has to be first lawfuly admitted for permanent residence to acquire US citizenship
    - US parent and child living abroad, child has to enter the US and parent can apply for child's US citizenship

    How long has I-130 been pending? And why did you file it?


    "The purpose of his entry is to process his US Citizenship any other "Intent" is moot because his Citizenship changes his status."
    ...it is kind of like saying one can use tourist visa to enter the US and get married and apply for Green Card, because Green Card will change that person's status?!

  7. #7
    Right to move freely is guaranteed, however one must be a Citizen to benefit from it.
    Therefore, the correct answer to your question is: your son is not guaranteed admission to US, but can only apply for it and then it's up to IO at POE to decide whether to let him in or not.

    Consult an immigration attorney about eligibility requirements and options to file for his Citizenship.

    Good Luck,

    IE

  8. #8
    Aneri/IE,

    Trust me, if I were to detail the events you'd also be touting more than "brain dead".

    In 2003 prior to getting the final adoption decree I went to the Embassy ACS, Passport Services and USCIS, then INS and they all told me I could file for a B2 entry and my son would have naturalize because my legal residence was outside the US where I was employed. When we received the Amended Birth Certificate I applied for the B2 but NIV section told me he could not enter the US on a B2 and it was strongly suggested I file the I-130. With almost every inquiry I made with various services I was informed different procedure/process up till about mid 2005. After filing the I-130, I learned the process was I should have filed the (N-643/N-600K) first! at the regional office and then applied for the B2 with the appointment letter for Naturalization. This information is not given out by NIV section. I get the deeling they don't like being told what they can approve. It took until Dec. 2005 for the I-130 approval with a priority date of April 5, 2005. The NVC finished the case and an appointment has been pending since the First week of March 2006. Had we originally been told that we would need to file the I-130 even though I was resident outside the US, I would have filed in 2003 rather than after receiving the amended birth certificate.

    The process for my son's entry is only there as a green card entry because there are no other provisions for qualified US Citizens other than the mentioned. There is a big difference between someone already qualified for US Citizenship and someone entering the US as a temporary with the intent to marry or even as a permanent resident. Since my son will automatically become a US Citizen upon entry, a green card is useless other than proof of legal entry. BTW: It takes less than 3 months for someone to enter the US with the intent to marry. Prior to the amendment of the INA a B2 entry in 2003 was enough for Automatic Citizenship. I read that a court ruled it as such. I don't know if this is still true today because the wording has since changed to say entry as a LPR.

    The criteria for a qualified US Citizen entry discriminates based on place of residence rather than Citizenship qualification. No IO should have authority to deny a qualified US Citizen entry into the US to process citizenship because it is subjective where Favoritism, Personalities, local office policy and Judgment play factors.

  9. #9
    Someone12
    Guest
    IOs need the authority, not garden variety folks who have no clue about immigration law.
    However, it sounds as though someone missed the boat. If, as you say, everything is OK with this case, the child should be able to get an immigrant visa and once admitted to the US, becomes a USC. However, if the citizenship process is scheduled in the US, then the child should be able to get a B2 visa (he is not a USC yet) in order to complete the process.

  10. #10
    I see you've been through a lot. I hope you hear about I-130 soon, your son enters the US and automaticly becomes USC.

    For the benfit of the others, what would you, knowing what you know now, recommend to the others to do in similar situation (which process to follow)? Thanks

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