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Old 01-09-2010, 11:33 AM
 
Location: Hermeskeil, Germany
5 posts, read 12,097 times
Reputation: 11

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I was born in Germany (only German citizenship) and at the age of 3 I went with my parents (american father and german mother) to America. I had at the time a 2 year conditional visa. At age 22 i was convicted of a 3rd degree felony. Due to my ignorance that i wasn't American and my conditional visa is well outdated, it comes to me as a surprise that I getting deporterd. I was schooled in North Carolina, where I also worked and payed taxes. I rekon its ok, that the goverment takes money from check but when I f"§$% up, then bye bye. My American wife is here with me in Germany, but misses home. But she won't leave me, not even for a week. And I seriousely miss home(North Carolina). But my parents never were married and he never filled out the paternity papers and probable won't. WHAT CAN I DO?????
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Old 01-09-2010, 12:04 PM
 
Location: Bike to Surf!
3,078 posts, read 11,060,716 times
Reputation: 3022
You have a tough row to hoe, I'm afraid. Here's what I know:

1. Your US citizen wife can petition at the nearest US consulate in Germany to have you become a permanent resident based on your marriage. Since you're a felon who has already been deported once, you're going to have a VERY hard time convincing USCIS you'd make a good US resident. To have a shot, your wife needs to demonstrate the ability to keep the family unit at 125% of the US poverty level (that's something like a 40K per year steady income source in the US. Family and friends can sign up to sponsor you if they're willing to reveal their assets and pledges to the feds.) You have to jump through a lot of hoops and pay around 5K in fees. More than likely they'll cash your checks and tell you "nope, you were deported for a crime, so no dice."

2. When did you move to the US with your parents? If it was prior to the illegal immigrant amnesty of 198X, you might already technically be a permanent resident since you'd be covered by this amnesty program. Really doubt this, and even if you are a PR, it's probably been revoked anyway, but it's always a possibility.

There's other, remoter, possibilities, but if the first 2 don't work, those others certainly won't either.
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Old 01-10-2010, 12:32 AM
 
Location: Southern California
3,113 posts, read 8,376,539 times
Reputation: 3721
If your birth father is American, then you're an American - so I'd focus on getting him to agree to acknowledge you!

Is he aware of how your life would change if he finally acknowledged that he is your father? He may have reasons why he'd prefer not to, but maybe if he knew what it would mean to you, he might change his mind? It's worth a try!
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Old 01-20-2010, 01:40 PM
 
24,475 posts, read 10,804,014 times
Reputation: 46746
The father has to fulfill several requirements along the lines of residency in the US for a certain number of years, acknowledge paternity ... It has come up here recently. OP stated that his father will not acknowlege paternity.

What concerns me is the statement that the parents were never married but the German mother followed her husband to the US and the child had a conditional visa.

This is a ball of yarn and without facts it will not be unravelled.
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Old 01-24-2010, 02:09 PM
 
Location: Hermeskeil, Germany
5 posts, read 12,097 times
Reputation: 11
I thank you 3 for the suggestions and I am taking all of them into consideration. The only way I think I can go back, to what I call home, is by getting my biological father to fill out the paternity forms. I just have to wait and see. Many thanks.
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Old 02-04-2010, 02:35 PM
 
275 posts, read 773,250 times
Reputation: 278
Ok let me try to answer this. Since you were born in Germany to an American father, he should have filed for a Consular Report of Birth Abroad. This is equivalent of a birth cert. A parent can only file for this until the child is 18. I assume you are passed that. However, I advise you to get an attorney and directly file with Citizenship services. I think there is a way to obtain your citizenship through your father or even your American Citizen grandparents. It is not easy but it will be easier than dealing with immigration.
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Old 02-05-2010, 08:37 AM
 
24,475 posts, read 10,804,014 times
Reputation: 46746
Quote:
Originally Posted by ladyvictoria View Post
Ok let me try to answer this. Since you were born in Germany to an American father, he should have filed for a Consular Report of Birth Abroad. This is equivalent of a birth cert. A parent can only file for this until the child is 18. I assume you are passed that. However, I advise you to get an attorney and directly file with Citizenship services. I think there is a way to obtain your citizenship through your father or even your American Citizen grandparents. It is not easy but it will be easier than dealing with immigration.
OP has not been heard from in a while.
According to his post father refused and refuses to comply
Grandparents are not in the loop for family sponsorship.
You may want to read up on 3rd degree felonies in NC and I-30. I see no GC through the US wife.
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Old 02-05-2010, 10:07 AM
 
275 posts, read 773,250 times
Reputation: 278
In what part of my post did you read I said anything about grandparent sponsoring GC for him? I am not talking about immigration visa. There is a section (322) I think of citizenship law that allows direct passage of citizenship from grandparents to grandchildren. Now there may be an age limit and he may not qualify but that's why I said talk to an attorney. He directly applies for citizenship and have citizenship services sort it out. It is worth the try since trying to get GC thru his wife will take forever, even if he succeeds.
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Old 02-05-2010, 10:47 AM
 
24,475 posts, read 10,804,014 times
Reputation: 46746
Quote:
Originally Posted by ladyvictoria View Post
In what part of my post did you read I said anything about grandparent sponsoring GC for him? I am not talking about immigration visa. There is a section (322) I think of citizenship law that allows direct passage of citizenship from grandparents to grandchildren. Now there may be an age limit and he may not qualify but that's why I said talk to an attorney. He directly applies for citizenship and have citizenship services sort it out. It is worth the try since trying to get GC thru his wife will take forever, even if he succeeds.
322 is for minor children and US parent has to apply; is the US parent deceased grand parents can apply.
Poster was 22 when he was convicted. Father seems to be alive.
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Old 07-26-2010, 01:17 AM
 
1 posts, read 2,879 times
Reputation: 10
i was studind in usa,some 13 years. in reserch, i did not extend my visa 2 year.after 9 11, i was deported because of over stay.but i can not live in my country. i was good in usa.i want to go back.please help me.can i go back to usa?or can i go to canada?at that time few my friends left to canada.
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