Saved from deportation by becoming an ‘instant’ citizen

One time, my office was representing a Filipino who was a long-time green card holder but was in deportation/removal proceedings. He had already been convicted in criminal court of a serious crime which made him automatically deportable.

The case really was hopeless. He had no form of relief, waiver or defense available to keep him from being deported. But in looking at his immigration history, I saw that he immigrated to the US at a very young age. His single mother had also naturalized before his 18th birthday. I believed he could be saved from deportation by arguing that he was a US citizen and the government cannot deport citizens. And that’s exactly what we did!

There are laws on the books enabling a lawful permanent resident child to become an “instant” citizen if a parent naturalizes before the child’s 18th birthday. We made that argument to the immigration judge and – case dismissed!

It was also amusing that right after the proceedings, he was walking out of the courtroom and in the hallway, he was passing some other Filipinos who were on their way into the courtroom for their proceedings. They asked him with deep concern, “So, what happened with your case?” He replied, “Gurfinkel made me a citizen, and the case was dismissed!”

In all honesty, I did not make him a US citizen. The law did. But whether you are being charged with a crime and in removal proceedings or are otherwise a law-abiding green card holder, if you obtained your green card and your parent or parents naturalized before your 18th birthday, you may have a claim to US citizenship, and I would recommend that you consult with an attorney who can evaluate your case and situation.

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