Legal Question in Immigration Law in Michigan

Have i an american birthright?

I came to this country my 11th time last July, I was due to spend 3 months, this time was different i had contact with my father, whom lives in lake tahoe with his help and under the IMMIGRATION & NATURALIZATION'S DEPT ADVICE i pursued becoming a naturalised citizen, which was the advise given me by high ranking officers in the INS. I supplied all the paperwork i was required to, though delayed due too the fact that they sent me someone else's appointment and incorrect paperwork.

I first was interviewed in april , they had requested the wrong paperwok from me, I had to rearrange another appointment.

I was able to supply everything requested, and after sending it in was given two different appointment times, both cancelations, I once again had my appointment to become legal, to legally work and pay taxes in, or have a business and provide much needed sevices, in an area crying out for it

NO this time,I am told that due to tecnicality's

i am unable too become natrulized, and due to the fact i've been here 9 months overstaying,(advice from the INS) I am officaly an illegal allien and whether i go back to england now or whenever , I am banned from reentering the us for 10 years.


Asked on 6/27/99, 1:45 am

1 Answer from Attorneys
Carolyn Goldfarb Carolyn S. Goldfarb, Esq.

Re: Have i an american birthright?

Unfortunately, I can't answer your question because you haven't provided the relevant facts & info. What is the basis of your so-called "American birthright or claim to US citizenship? Is your father a US citizen? If so, is he a US born citizen or a naturalized citizen? If the latter, when did he naturalize? What is your date of birth?

Some general info. One can't naturalize unless one is admitted as a lawful permanent resident (green card). However, if a parent is a US citizen, it might be possible to derive citizenship from that parent which may be what you are talking about. Although, I really can't be sure what you are talking about.

If you have only overstayed for 9 months, and you depart, then you are barred from returning to the US for 3 years. The 10 year bar doesn't kick in until you have been an overstay for one year.

The bottom line is that you have a very serious legal problem that will have a very serious impact on your life. You don't really understand your sitation at all by the way you have explained it or haven't explained it.

If you don't have a derivative citizenship claim and are only subject to the 3 year bar, by seeking competent immigraiton counsel immediately, you may be able to eliminate that bar.

Instead of relying on misinformed dimwits who work for the INS, I strongly advise you to retain a lawyer while there is time for you to be helped.

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Answered on 7/07/99, 9:04 pm


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