Those wishing to immigrate to the United States know all too well that it's a long and complicated process involving seemingly endless amounts of paperwork. Having the proper documentation can make the difference between a successful path to citizenship and the road to deportation. Unfortunately, language barriers and legal jargon often prevent aspiring citizens from going the right direction, no matter how willing they are to take all of the necessary steps to become legal U.S. residents.
Even for people entering the United States for the first time, whether via New Jersey, the southern or northern borders, having the right paperwork is an absolute necessity. A man who attempted to cross the border from Mexico dicovered this when he entered the U.S. in 1997 with a baptismal certificate that didn't belong to him. That piece of paper set off a deportation battle that continued for another 16 years. The battle was resolved recently with a decision by the 7th Circuit Court.
After the man crossed the border he was detained at a checkpoint, where immigration officials said he presented a certificate stating he'd been baptized in Wilmington, California, and born in Harbor City -- presumably another municipality in California, though no birth state or country was listed.
The piece of paper offered no proof of citizenship and he was allowed to withdraw his request for admission. In the years that followed, he entered the United States without inspection, secured a job and married a U.S. citizen. But when he later filed a petition to change his status, he found himself in danger of deportation. The reason: Department of Homeland Security officials claimed that not only had he entered without inspection, but during that first attempt in 1997, he'd attempted to falsely represent himself as a U.S. citizen using the birth certificate -- which didn't bear his own name.
It took several years, but finally, after an appeal to the 7th Circuit Court, a three-judge panel ruled that even if the man misrepresented his identity, there was insufficient proof that he attempted to claim he was a U.S. citizen. The decision means he still has a chance to seek citizenship based on his marriage.
An immigration attorney can be invaluable in cases like these, where improper documentation threatens to derail the citizenship process. An attorney may also be able to shorten the time it takes to handle instances of incorrect paperwork, making the path to citizenship as smooth as possible.
Source: Courthouse News Service, "Phony Baptism Record Can't Spawn Deportation," Joseph Celentino," May 7, 2013
