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jean23
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europe immigration

Post by jean23 » Sun Oct 30, 2005 2:40 am

hello, i was born in a french department island, thus i own a french passport...been living in the U.S the pass 10 yearz with no status and im being forced to leave the country i was wondering whether i could migrate to france with no problem since i was born in a french island or do you have to be born in france to have the right to move there with no immigration problem??

also i would like to know whether i could migrate to country such as the u.k if i own a french passport?

Kayalami
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Post by Kayalami » Mon Oct 31, 2005 2:14 pm

1. Which 'island' were you born in?

2. What is your date of birth(month/year).

3. Where were your parents born?

4. Were they married when you were born or thereafter?

5. What is inscribed on the nationalite space on your french passport?

As for the US thing c'est quoi?

jean23
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Post by jean23 » Mon Oct 31, 2005 6:16 pm

1-i was born in gualdeloupe ..its a french owned island located in the caribbean sea, and we also use french passports to move around the world.

2-i was born in 1981 october 81' to be correct.

3 my parent were born in haiti both of them.

4-no they never got married

5- i dont really know i know its a french passport only that in the space where it says " where are you born" it says "guadeloupe..but we are of french nationality its like puerto rican or hawaiin both of those citizen uses american passport and are known as american citizenz.

Kayalami
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Post by Kayalami » Tue Nov 01, 2005 3:05 pm

1-i was born in gualdeloupe ..its a french owned island located in the caribbean sea, and we also use french passports to move around the world.
Guadeloupe is a 'full' overseas department of France. French nationality law thus holds.
2-i was born in 1981 october 81' to be correct.

3 my parent were born in haiti both of them.

4-no they never got married
There are provisions in French law for those born on French territory of non French parents to acquire citizenship. How many years did you reside continuously in Guadeloupe from your birth? Did your parents ever acquire French nationality prior to you turning 18?
5- i dont really know i know its a french passport only that in the space where it says " where are you born" it says "guadeloupe..but we are of french nationality its like puerto rican or hawaiin both of those citizen uses american passport and are known as american citizenz.
I'm somewhat confused here. AFAIK French passports (I have seen several) in common with ICAO standards have a field stating nationality/ nationalite. Ce passeport doit dit Francais ou Francaise avec lieu de naissance aussi. It appears given the French passport you are a French citizen and so can relocate to France and indeed any EEA state accordingly. Out of interest what is the US situation? Perhaps it can be resolved to eliminate the matter of a 10 year ban. Were you inspected upon entry, what was your class of admission and what was the duration of admission?

bon chance

jean23
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Post by jean23 » Tue Nov 01, 2005 9:33 pm

ive used the passport a dozen time and yes i have been inspected a dozen time with no problems or nothing

ive lived in guadeloupe untill i turned 14 then move to the united states
my parents never aquire french citizenship, at least not that im aware of..but im pretty sure that there arent no french laws that says your parents have to be of french citizen to be given french nationality..french have the same law of the u.s, which is, if a child was born in any u.s department, then the child is automaticaly of u.s citizen , i may be wrong on that, but i know i was given french citizenship on birth alone and have the same rights of any french citizen anywhere in the world we use the same kind of passport its not like i have a different type..

i came to the u.s on visa waivers program which mean i dont need a visa to enter the united states because of my french nationality.. what happened is i overstayed which mean i broke the u.s law so now ill be leaving the u.s next month, which im very deeply sad about

as for the 10 year ban, i think ill be banned from the u.s for at least 10 years before i can even come back which really sucks because my parents were really aty fault on this..i was young and didnt know nothing about that..

anyway im just trying to relocate to europe and get a job and work etc etc etc

John
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Post by John » Tue Nov 01, 2005 10:12 pm

It sounds like you certainly do have French Citizenship and therefore you can use your French passport to enter France or indeed any other EEA country. Furthermore you have a legal right under EU/EEA legislation to live and work in any EEA country (the only exceptions at the moments being the countries that joined the EU and EEA on 1st May 2004 where transitional provisions apply).

So where do you want to go? France? The UK? Some other EEA country?
Last edited by John on Wed Nov 02, 2005 7:39 am, edited 1 time in total.
John

jean23
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Post by jean23 » Tue Nov 01, 2005 11:59 pm

Well, im not really sure yet..i was leaning toward going to france, but im worried about my french speaking skills..althought i understand french pretty good, i can no longer speak it like i used to because by living in the united states for so long, my french evaporated..i can still speak it but ive lost a lot.

My first choice was and real always be canada but canadian immigration laws arent as easy as i once expected..first of all, the application fees isnt cheap, plus they're asking you a bunches of stuff like, criminal records of every country you lived in since you turned 18 etc etc plus, before you move there, you have to have $10,000 or dont even bother coming..i was going to move with my uncle in montreal then try to get citizenship and everything but it seem like you have to have money to migrate to canada so, right now canada is off my list.

My most likely choice is the U.K....The reason why i might be in england sometimes next month is because, i wanted to go to an english speaking country because im very confortable speaking english plus i have an american lifestyle and ive heard european arent to friendly with americans.

how's the job situation in england is it hard to get a job there even a low paying job like a warehouse type of job? im not looking for something that pays a lot i just want it to pay for an apartment and my food etc etc.. then ill plan to go back to school and hopefully build myserf up from there.

Kayalami
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Post by Kayalami » Wed Nov 02, 2005 1:09 pm

Inconsistency 1
jean23 wrote:hello, i was born in a french department island, thus i own a french passport...been living in the U.S the pass 10 yearz with no status...<snip>
vs.
jean23 wrote:ive used the passport a dozen time and yes i have been inspected a dozen time with no problems or nothing
Excusez moi mais es-tu sure? How is it you have had multiple inspections but have been out of status for 10 years?
jean23 wrote:<snip>my parents never aquire french citizenship, at least not that im aware of..but im pretty sure that there arent no french laws that says your parents have to be of french citizen to be given french nationality..french have the same law of the u.s, which is, if a child was born in any u.s department, then the child is automaticaly of u.s citizen , i may be wrong on that, but i know i was given french citizenship on birth alone<snip>
Birth on French soil gives no automatic right to citizenship. There are provisions for registering a child born on French soil to non citizens as a French citizen prior to their 18th birthday. Likewise provisions exist to deal with statelessness. Such would depend on Haitian citizenship laws too by virtue of descent.

Inconsistency 2
jean23 wrote:hello, i was born in a french department island, thus i own a french passport...been living in the U.S the pass 10 yearz with no status and im being forced to leave the country i was wondering whether i could migrate to france with no problem since i was born in a french island or do you have to be born in france to have the right to move there with no immigration problem??
vs.
jean23 wrote:but i know i was given french citizenship on birth alone and have the same rights of any french citizen anywhere in the world we use the same kind of passport its not like i have a different type..
If you know this right why are you asking about your 'obvious' right to reside in continental France.

I have asked/commented twice in English and French as to the nationality code on your passport as per ICAO standards and all I get is touchy response.....what's the big deal??
kayalami wrote:5. What is inscribed on the nationalite space on your french passport?
jean23 wrote:5-i dont really know i know its a french passport only that in the space where it says " where are you born" it says "guadeloupe..but we are of french nationality its like puerto rican or hawaiin both of those citizen uses american passport and are known as american citizenz.
kayalami wrote:I'm somewhat confused here. AFAIK French passports (I have seen several) in common with ICAO standards have a field stating nationality/ nationalite. Ce passeport doit dit Francais ou Francaise avec lieu de naissance aussi.
Jean wrote:<snip>and have the same rights of any french citizen anywhere in the world we use the same kind of passport its not like i have a different type<snip>.
Anyway back to the US issue:
jean23 wrote:i came to the u.s on visa waivers program which mean i dont need a visa to enter the united states because of my french nationality.. what happened is i overstayed which mean i broke the u.s law so now ill be leaving the u.s next month, which im very deeply sad about

as for the 10 year ban, i think ill be banned from the u.s for at least 10 years before i can even come back which really sucks because my parents were really aty fault on this..i was young and didnt know nothing about that..
IIRC the INA excludes minors from the bans pursuant to their last admission being inspected (I94W/I94) and that you were a minor then.

Your post in response to John:
jean23 wrote:Well, im not really sure yet..i was leaning toward going to france, but im worried about my french speaking skills..althought i understand french pretty good, i can no longer speak it like i used to because by living in the united states for so long, my french evaporated..i can still speak it but ive lost a lot.
I can relate to this.....my French has gone pretty rusty from non use but I can still understand enough to hold a conversation. It should come back pretty quick (IMHO 6 months) if you speak on a daily basis.
jean23 wrote:My first choice was and real always be canada but canadian immigration laws arent as easy as i once expected..first of all, the application fees isnt cheap, plus they're asking you a bunches of stuff like, criminal records of every country you lived in since you turned 18 etc etc plus, before you move there, you have to have $10,000 or dont even bother coming..i was going to move with my uncle in montreal then try to get citizenship and everything but it seem like you have to have money to migrate to canada so, right now canada is off my list.
It appears that you would fail to meet as a minimum the points required for the skilled worker matrix let alone the matter of financial capability.
jean23 wrote:My most likely choice is the U.K....The reason why i might be in england sometimes next month is because, i wanted to go to an english speaking country because im very confortable speaking english plus i have an american lifestyle and ive heard european arent to friendly with americans.
Many US nationals can relate to feeling more at home in the UK primarily due to the language and other cultural similarities. It is my experience that the 'aren't friendly' aspect is related to the political leadership than the general population.
jean23 wrote:how's the job situation in england is it hard to get a job there even a low paying job like a warehouse type of job? im not looking for something that pays a lot i just want it to pay for an apartment and my food etc etc.. then ill plan to go back to school and hopefully build myserf up from there.
In line with other G8 nations the UK economy has not done as well as expected to include many reasons such as global energy prices and increased competition from China. You need to consider too that the UK has allowed EU ascension nationals e.g. Poland to work in the UK which has impacted on the labour pool i.e. there are more people after the same jobs. Depending on your skill set and work experience to date it may be there are sectors of the economy which may be easier to enter e.g. construction, food processing. Note though that certain parts of the UK such as London and the South East (coincidentally where most of the jobs are) are very expensive to live in.

Summary
With respect and meaning no offence your story has way too many holes in it...such is your prerogative but you will only get incomplete and potentially irrelevant information. If indeed you were admitted to the US (your nationality is irrelevant) as a minor see an attorney..you may avoid the bans. Out of interest:

1. What have you been doing in the US for 10 years? Going to college? Working? How have you survived?

2. Where are your parents?

3. Is there a Haitian asylee angle to any of this?

4. Under what conditions are you leaving the US - voluntary departure, immigration judge ruling?

Feel free to pm.

jean23
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Post by jean23 » Wed Nov 02, 2005 8:18 pm

Prior to finally settling in the U.S, i used to go visit my aunt which live in florida every summer..also me and my parents would freqently take trips to haiti when i was a kid...So this is what i meant by using the french passport a dozen time before i came to the u.s and stayed for good.

about the french laws..i will admit that i dont know anything about that, but if i have the passport, then it means that i had been registered prior to me turning 18 that will be ones guess ..i never asked my mother whether she indeed did that and she passed away about 11 years ago.Maybe my aunt has the answer to that, but i will guess that i had been registered since im in possesion of a french passport and there arent no limits to how i can use it on it.

the reason i said i have the same rights as any french around the world is because, about 2 weeks ago, i went to the french consulate in manhattan to renew the passport so i could exit the country and they had no problem with it, the only problem they had was ,because i dont own a u.s status, they werent allow to renew the passport under american law but would give me a french-pass to go to guadeloupe and from there, i would be able to renew my passport without american laws.
The guy that i was talking to never asked me any question about anything he just opened the passport looked at it to see if it was fake then was like"ok" and proceeded...Maybe i should've asked him about whether i have limits because i wasnt born in mainland france.
Plus my aunt told me she had nephews that are guadeloupean born and from what ive heard they are working and doing everything that france born citizen are doing. I will do more research on the matter.

On your question about the nationality code, i did said that the only difference from other french passport, i would guess is, where it says : "6.lieu de naissance/place of birth" it says abyme, guadeloupe
but on line 3. it says 'nationalite francaise/french nationality this mean i have a french nationality.A person that was born in paris, i guess it would say" born in Paris there or whatever..i may have a different kind of passport cause the one i have was last used in '94 and they probably have new brand of french passport by now but i would guess that they only make one set of french passport for everyone with no limitation.

The reason i came here to ask my obvious rights is because i wanted to be 100% sure and didnt wanna migrate there thinking everything is fine then find out that im under some limitation because of my hatian origin/ french owned island born. I thought that by coming here, i would be completly 100% sure of what i was going to get into.
I used to think that living in the u.s for over 10years would guarantee me citizenship then i was hit with the reality..So i didnt want the same thing to happen to me again.

About the 10 years ban..i think it comes in effect once you overstayed for a specific amount of time...In my case i overstayed for over 10 years so i will get full punishment on the ban.Thats what ive read about the subject.

on the french speaking thing..I will work on it if im to migrate to french and will gain it back

about the canadian immigration subject
I did passed the skilled worker test , It's just the $10,000 aspect of it thats keeping me out of it..im not quite there yet but i will one day get there and migrate to canada.
Ive asked some of my family members that are u.s citizen to help me on my situation but i guess all of them are ducking me..seems like they are amused about my situation..lol but to tell you the truth i sometimes laught at my situation and asked god "why me" lmao so i guess i cant blame them

about the u.k job subject
I will be willing to work 2 jobs, work 24/7 i dont have any preferences, ill work any jobs, anywhere as long as i have money to pay rental food etc etc get the money and migrate to canada . i want to stay as close to the u.s as possible.My goal is to migrate back to the u.s once this 10years ban expires.

On your summary:
If you feel like my story has to many holes, then fine.Im not really here to make a believable story, im here to get some advice and make the best decison that i can make.

1-i have been doing what every normal u.s resident done ..Going to school etc etc even had a job but i was let go because the company i was working for was under a new leadership and decided that they was going to be stricter on work permit law and decided to let a bunches of people go i was one of the workers that had to leave.
I attended communuty college and all but didnt finish.

2 i lived with my aunt in florida then moved with my sister to the east coast.

3- i dont get number 3

4- i dont want to say to much but im leaving voluntarily..

Kayalami
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Post by Kayalami » Fri Nov 04, 2005 12:33 pm

When I refer to your story having holes it is not a matter of credibility. Rather there are facts which could make it easier to assess your options that are not readily available or even if so might not be appropriate to go on a bb. I am not here to finger point or question your actions - after all you are the one to live with those decisions you make. Hence I will summarise what to me are the key points

France

D'accord J'accepte vous ete Francaise. Bienvenue en Angleterre. I have highlighted the issues on employment and costs of living.

US
It seems you dont want and/or are unable to stay on. Other than my previous comments on bans for minors sorry can't help further.

Canada
1. Quebec has an accord with France allowing their nationals to study at 'in province' college prices that are the lowest in Canada. Regulations allow foreign students to work full time on campus and have been amended to allow work for limited hours off campus. Post graduation you can obtain a 2 year work permit and apply for PR. Being relatively young and bilingual you are the ideal immigrant that Canada seeks. Perhaps your relatives can also support you during your time at college. This could be a way to getting into Canada sooner. If your UK plan is to raise funds note that the skilled class has an ever increasing backlog - London is quoting 36 months.

2. Given that you do not have a college diploma and CIC ignore pre graduation and 'illegal/out of status' work experience I would love to see how you have self scored on the assessment matrix. Even with an allowance for 24 points on being bilingual I fail to see how you got 67 points.

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