The Third Circuit Court upheld a decision denying citizenship to a Trinidad and Tobago national. The individual applied for a Certificate of Citizenship in November 1990 at the age of 17. He claimed derivative citizenship through his adoptive parents. In July of 1991, after he turned 18, the citizenship application was approved. He swore an Oath of Allegiance before an Immigration and Naturalization Services (INS) examiner.

However, an Immigration and Naturalization Services (INS) examiner mistakenly recorded the wrong date for the individual’s adoptive parent’s naturalization, despite it being correctly reported on the application. In August of 1991, the INS informed the State Department that the individual was not entitled to U.S. citizenship because he was over 18 at the time it was granted. The individual only became aware of this issue 21 years later, in December 2012, when he was serving 17-year sentence for a drug conviction. Subsequently, in January 2021, he was returned to Trinidad and Tobago.

The individual challenged the reversal of status. First, filing a challenge to the USCIS appeal office. That office found the reversal appropriate. Then the individual filed a federal lawsuit. The decision to reverse citizenship was again confirmed. Despite the government’s 21-year delay, the court ruled they do not have the authority to grant the retention of status.

If you have questions about U.S. citizenship or any other U.S. immigration related issue, contact us at ILBSG. Our team of experienced attorneys work directly with our clients to ensure they get the right advice throughout their immigration journey.

U.S. Citzenship