Legal Question in Immigration Law in Illinois

Hi, I legally entered the U.S. with my mom as sole guardian when I was 4 yrs. old in 1966. I grew up in the States and never went outside the borders for more than a 2 month period. My Mom became a naturalized citizen when I was 16 yrs. old. I was deported in 2004 for a felony conviction. The ruling was without prejudice. I gathered all evidence needed to prove derivative citizenship and ask permission to state my case at the nearest U.S. Consulate. It took them over 2.5 years to respond to my claim. Earlier this year I presented them with the documents they requested: Proof of legal entry, proof of my mom's legal guardianship over me as a minor and at the time of her naturalization. They said the State Department will respond. I derived citizenship at the age of 16. I have been deported for over 7 years now and cannot come back without a passport, I seem to be at the mercy of a bureaucratic wall. Is there some type of civil action I can file to speed the State Department's response so I can come home, or at least to continue fighting this deliberate indifference?


Asked on 5/29/10, 8:16 am

1 Answer from Attorneys
Philip Eichorn Hammond Law Group

Assuming it is clear you are a U.S. citizen by derivation, I would be working this case on two other fronts; the immigration court that improperly ordered you deported and with USCIS to issue a certificate of citizenship. As you are outside the U.S., this matter becomes more complex. As you've beaten your head into the wall for so long, it may be time to switch gears and get some help from an attorney.

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Answered on 5/30/10, 8:16 am


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