[net.legal] INS problems

ccrse@ucdavis.UUCP (Steve Ehrhardt) (03/22/86)

My wife has been having some rather frustrating problems with the INS of
late, and I'm hoping that perhaps some of you on the net may be able to
provide some advice on how to deal with it.

My wife was born in Canada, with her mother being Canadian but her father
American.  The rub is that he was living under an assumed name and claiming
to be a Canadian citizen at the time, so that all the legal documents, such
as her birth certificate, indicate that she is Canadian *only*.

Her mother contacted the INS to get this whole thing straightened out when
she was 10, but it wasn't till some 12 years later that they finally got
moving on it and requested that we go to the San Francisco INS office for
an interview.  (Her sister's records, submitted at the same time, seem to
have been lost forever.)

The interviewer indicated that he was convinced that she was a citizen,
and told us what sort of records we would have to produce to prove it.
He then transferred her file to the INS office in Sacramento, advising us
to contact them when we had the records together.  They, in turn, would
confirm everything and issue a "citizenship certificate", or something
to that effect, confirming her status as a US citizen.

We managed, with some difficulty, to gather the records suggested, and
contacted the local INS office (in writing) to request the interview.
Nothing happened.  We have since contacted them several times, both 
by phone and by mail, but everything sent or said to them seems to
disappear into a black hole once it arrives.  The most recent contact
indicated that they have no record of her case at all!

Does anyone have any ideal of a way to light a fire under the INS to
get this matter resolved?  They appear to be, on the whole, a rather
discourteous bunch at best, and downright incompetant at worst.  Any
advice, especially that based on experience, would be appreciated.
Please reply by mail, since I am not a regular reader of this newsgroup,
and thank you in advance for your help.

garys@bunker.UUCP (Gary M. Samuelson) (03/25/86)

In article <254@ucdavis.UUCP> ccrse@ucdavis.UUCP (Steve Ehrhardt) writes:
>My wife has been having some rather frustrating problems with the INS of
>late, and I'm hoping that perhaps some of you on the net may be able to
>provide some advice on how to deal with it.
>
>My wife was born in Canada, with her mother being Canadian but her father
>American.  The rub is that he was living under an assumed name and claiming
>to be a Canadian citizen at the time, so that all the legal documents, such
>as her birth certificate, indicate that she is Canadian *only*.

Based on my own frustrations with the INS, I suggest you ignore them and
apply for a passport instead, unless there is some reason why you need
one particular form of proof of citizenship.  If you can't get a passport,
talk to your congressman; there is such a thing as a "private bill" --
a bill which affects only one person.  If he can't get anything
else done for you, he could propose a bill which simply states that
so-and-so is hereby recognized as a US citizen.

Why you should be able to get a passport when you can't get a certificate
of citizenship is beyond me.  Perhaps it's because the INS is part of the
Justice department, and passports are issued by the State department, and
the two departments are mad at each other.  For whatever reason, it
worked for me.

My situation:  I was born in Germany to US citizens.  My father has a
completely unremarkable birth certificate from the state of Nebraska;
no problems there.  But my mother was in an orphanage until she was
adopted at the age of six, and her birth certificate was issued at
that time.  (No, I am not sure why it happened that way.)  When she
needed a passport, she had to get sworn affidavits from all sorts
of people (the orphanage, her adoptive parents, her natural parents).
When I wanted to get a certificate of citizenship (so I could get a
tourist visa for an extended trip in Mexico), the INS said I could
get one if I could prove that both my parents were citizens, or that
my father was a citizen and that my mother was not a citizen.  But
the truly crazy thing was that, after all the effort she went through
to get a passport, INS would *NOT* accept that as proof of her
citizenship.  It should have been irrelevant, since I could show
citizenship for myself by proving that my father was a citizen, but
I was supposed to prove to the satisfaction of the INS either that
mother was or that mother was not a citizen.

The solution was to take all of our documents to the Mexican embassy,
and see if they would grant the visa on the basis of anything we had.
No problem; shortly (as in a day or two) after my birth I was added to
my mother's passport.  That was sufficient evidence for the Mexican
embassy.  Later, when I needed a passport, my inclusion in my mother's
passport was adequate for me to obtain a passport -- it wasn't a new
passport; it was simply a renewal.  I have had a passport since day
one (alright, day two or three), but to this day I don't have a certificate
of citizenship.  So far I haven't needed one; but I can vote and apparently
have all the other rights and privileges of US citizenship.

Gary Samuelson