
It was a long fought battle. Here are the details: My client was a legal permanent resident (or so he thought) and committed serious crimes that as a permanent resident would make him deportable. However, after gathering information from his mother, I had a hunch that he was really a citizen, it's just that no one knew it yet.
After researching the law, I confirmed my hunch, my client was really a US Citizen. You see sometimes you derive (obtain) citizenship from your parents even though you may have been born in another country as was my client.
I presented proof of my findings to ICE and convinced them to drop the hold and release my client upon completion of his criminal sentence.
Then began my battle with the Dept of State. They were tough to deal with, they refused to deal with me directly, they refused to acknowlege me as my client's attorney, they refused to review or even accept the evidence, repeatedly asking for the same information over and over again. After receiving the 4th letter from the Dept of State requesiting the same information, yet again, I changed my strategy and decided to instead apply for a Certificate of Citizenship for my client, in December 2012 I brought the case back to Immigration. Five months later I get this approval. My client will take his oath and get his certificate later this month.
The Dept of State wouldn't give my client his passport, but now they will, because as soon as I mail them a copy of the Certificate they can no longer refuse.
Victory!
Lessons learned:
1. Don't give up.
2. If someone slams the front door in your face, go around the back door or find a window
3. Trust your gut.