US Citizenship questioned due to birth by midwife

[jsrdz]

Hello, my name is Juan . I am attempting to get my passport but because I was born through a midwife in Brownsville, Texas have not received one. I submitted my state birth certificate, pictures and monetary fees but what I received was one then another letter from the Department of State requesting further information and I have answered them to the best of my abilities. It’s been over 40 weeks and no passport yet. I am married to a naturalized U.S. Citizen; she did not have any problems getting a passport, with two sons that also did not have any problems getting a passport. They were born in McAllen Texas. I am a U.S. Navy veteran, 1992-1996, stationed in Yokosuka, Japan and deployed to the Persian Gulf twice. Friday I recived yet another letter telling me that the midwife was on their suspect list of midwifes that gave fradulent birth certificates, that they needed more information and that my pictures submitted were no longer good because they were older than 6 months.
My questions are:
1.) My mother tells me that she had a pass card before my birth but was taken away by immigration when she applied for her resident alien card, where can I find those records?
2.) I have not found anything - convictions or reprimants on my midwife at the state level, how can the say she is on a suspect list? If they cannot prove she did fradulant birth certificates why are they challenging my birth certificate? It was filed within two days with the state after my birth in a timely manner. Where can I locate their suspect list and can I do anything to challage it?
3.) If they deny my passport application, what is my status of citizenship?
4.) I am currently the sole finacial provider, plant manager, my wife is going to college, will this affect my ability to work here in the US?

[Ron Gotcher]

Since your US Navy service would qualify you for citizenship even if you weren't a citizen by birth, I suggest you send the State Dept. a copy of your DD 214. That should convince them that it is a lost cause trying to question your citizenship.

[jsrdz]

I sent my DD 214 when they sent me their first letter requesting further information. I even sent them a copy of my honorable discharge certificate from the inactive reserves from the navy that I received 4 years after I was honorably discharged. About 3 weeks ago I discovered that my father had attended a bible college in Edinburg Texas in the 60's and sent them the information, do not really know if they would consider that as proof that my parents were here prior to my birth.
What law or regulation would validate my citizenship through service in the Navy?

[Ron Gotcher]

Section 328(a) of the Immigration and Nationality Act provides:

"Requirements.--A person who has served honorably at any time in the Armed Forces of the United States for a period or periods aggregating one year, and who, if separated from such service, was never separated except under honorable conditions, may be naturalized without having resided, continuously immediately preceding the date of filing such person's application, in the United States for at least five years, and in the State or district of the Service in the United States in which the application for naturalization is filed for at least three months, and without having been physically present in the United States for any specified period, if such application is filed while the applicant is still in the service or within six months after the termination of such service."

[jsrdz]

Thank you Ron for the information.

I got an appointment on June 18 with my mother in the immigration office to see what additional relevent information I can get regarding my mother prior to my birth. Then I'll send another set of pictures and whatever information they provide me at the immigration office and send out the third letter to the Department of State. I'll post the information I was able to get from the immigration officer on June 18.

Wish me luck.

[viledith]

Juan,
I wish you luck. I'm in the same situation as you are. I was born in Brownsville Texas and my midwife was also on the suspicious list. I’ve contacted the Department of State Health Services to get more information on my midwife. I’m not sure what else I can do. My mother also had a pass to come to the US and that’s when she had me in Brownsville. But while she was in the process of getting resident alien card they kept this passing card. I don’t know how to get another copy of it. Were you able to get your mothers passing card or a copy of it from immigration? What other options have you taken in getting you passport? Any information would help.

[jsrdz]

I have an appointment with immigration on Thursday June 18, 2009. I will post what they tell me. Is your midwife still alive? I got the name of mine from the state of Texas and will be using a private investigator to get more info on her, hopefully locate her but my mom said she was already in her 40's when I was born that would put her in her 70's - 80's.

[viledith]

I'm waiting for a fax from the Department of State Health Services. They said they can only provide information that pertains to her license but no personal information will be released to me. I have a name on my birth certificate. I might have to get a PI to locate her also. Good luck on your appointment on thursday. Who can i contact to get an appointment with the Immigration office. I'm in Houston Tx now.