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Judith
Judith, Immigration Lawyer
Category: Immigration Law
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Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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i am a US Citizen and I have a son who is now 20 years old,

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i am a US Citizen and I have a son who is now 20 years old, outside the US for more 14 months now. I became a US citizen when he was 16 years old. He went to Philippines to study. He used his permanent resident card because I could not get him a US Passport before he left. Can he apply for a US Passport in Manila Embassy? What is the best thing to do to come back here in the US.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.
Hello,my name is Judith. Thank you for this opportunity to answer your questions.
He made a huge mistake not getting his US passport when he was in the US.
Is his resident card unexpired and still valid?

Judith
Customer: replied 1 year ago.

yes, his green card not yet expired


 

Customer: replied 1 year ago.

Are you still there? His resident card is not expired. So, can he get his US Passport in Manila Embassy?

Expert:  Judith replied 1 year ago.

This is so very complicated now because he has the burden of proving he was in your legal and physical custody at the time you naturalized. He does not have that proof in the PI.
In addition, he does not have your naturalization certificate or US passport.
He could have gotten an expedited passport before he left the US in less than a week. Now has been out for more than a year and if he went to the US Embassy and was denied the passport for lack of evidence required they would then also find he has abandoned his status.
So the best thing for him to do is to come home! It may set him back some time in his schooling but if he doesn't get this straightened out immediately he may loose hope of coming back here for a very long time.
The airline cannot deny him boarding so you want to get him on US soil as quickly as possible. Yesterday would not be fast enough.
Once he is here they inspector may try to deny him entry as a resident. He needs to carry with him his evidence of being in school and of you and his mother being in the US.
If they give him any trouble to enter he needs to demand a hearing before an immigration judge because he should say he is coming home and all his family is here. He want a judge to decide if he is a US citizen through you or if he abandoned his resident status because he was only in school temporarily.
They will admit him as a resident or they will parole him in and take his card. (Be sure he has scanned his card and emailed it to you front and back.) He should claim US citizenship because you became a citizen when he was 16 and he was living with you. You should be at the airport with your naturalization certificate and US passport to meet him. If they give him problems he needs to tell them you are out there with your proof of citizenship and school records which show he was living with you when you were naturalized.
Then once he is here in the US he needs to apply for his passport. He should use his photocopy of his resident card if he is paroled in.
It is probably a good idea to retain an attorney once you get your son into the US depending on how he is admitted or paroled into the US.
If makes me very sad to see children put into these situations when it could have been so easily solved before he left.
Judith

Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 25084
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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