How do I fix my immigration status if I have been admitted into the US as a foreign national, when I am a US dual national?

I am an American/Australian citizen. I have had two American passports as a kid and teen, but have lived in Australia most of my life, and in America as a teen for three years.

I did not have my passport in time to return to America, so entered with my Australian passport under the Visa Waiver Program.

Now I want to stay in USA. I am in process of getting USA passport, but will I be able to change immigration status? Will this automatically change as I am an American citizen with a passport or what? Just curious as to what I do next. I don’t want to have to leave then come back again.

Best Answer

There really is no status to change. The reality and fact that you are a USA citizen supersedes any lie you told (if you indeed told any lie) to enter on your foreign passport. Your status has been and will always be that of a USA citizen until you officially and formally renounce your US Citizenship. Lying to immigration (unlike for visitors and permanent residents) has no effect on your underlying citizenship.

Just go about your life normally and apply for the passport normally. They will have records confirming your citizenship. On your next trip to the USA just use your USA passport.

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Can you fix your immigration status?

In order to adjust status, you must fill out USCIS Form I-485, along with supporting forms and documents. This form is issued by U.S. Citizenship and Immigration Services, or USCIS. Follow the instructions about What You Need to File I-485 for Adjustment of Status.

Can you adjust status if you entered illegally?

Foreigners who entered the U.S. illegally are ineligible to adjust status, even if they are married to a U.S. citizen. But foreigner spouses who did come into the U.S. lawfully (such as on a visa) should be eligible to adjust status.

Does US recognize dual citizenship?

The US allows dual citizenship for its citizens. This means that you can hold your US passport and be a citizen in another country at the same time. In such a scenario, you will be a citizen of two countries and share the same rights and responsibilities with other citizens in each country.

Can you adjust status with border crossing card?

It is possible to adjust status to permanent resident (green card holder) after entering with a border crossing card. However, an individual should not enter the U.S. with the intent to adjust status with the BCC. In order to apply for a green card, a foreign national must be eligible.

How can my child derive US citizenship?

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