Tony
Rose recites the Pledge of Allegiance with some of his friends during his naturalization ceremony as a U.S. citizen in Hastings at the Veterans Home where he
resides. (Pioneer Press: Chris Polydoroff)
Editors Note: After an over four-year battle with the Departments of Immigration, Homeland Security and Social Security, the U.S. government finally conceded Tony Rose, who served in the U.S. Navy during the Vietnam era and worked in this country for 40 years, never left the country, is an American citizen and could finally draw his Social Security pension.
TWIN
CITIES PIONEER PRESS By Nick Ferraro
November 19, 2009
"Tony
Rose said he now feels a sense of gratification. And who
can blame him? His over 4-year crusade for Social Security benefits is
over — and he won.
Rose,
a longtime chef and baker said things started to go his way because
of Stella Mednik, a New York immigration attorney who worked on
his behalf at no charge for 17 months"
____________________________________________________________________________
"At
a ceremony at the Hastings Minnesota Veterans Home, where he lives,
Rose, was presented with a naturalization certificate and, more
important, he said, given the assurance that his benefits would begin.
"I
know it took a long time, but congratulations,” Sharon Dooley,
director of the St. Paul office of the U.S. Citizenship and
Immigration Service, said to Rose, shortly after she handed him the
certificate.
“I’m
glad it’s over and done with,” Rose replied.
The
certificate, which lists his age and when he entered the United
States, is the proof that will get the ball rolling with the St. Paul
Social Security office, said staff assistant Jon Norberg, who
attended the ceremony.
Rose,
a Navy veteran, had been trying to get his benefits through the St.
Paul office since 2005 — and getting nowhere.
Rose,
who moved to Detroit from Canada in 1941 at age 6, said he initially
was told the U.S. government had revoked his citizenship 42 years
earlier because of a mysterious, unsigned memo that appeared in his
immigration file. The typewritten memo states he voluntarily gave up
his U.S. residency in 1963.
Social
Security officials contend the memo played no role in the decision to
deny Rose benefits.
Rose’s
attorney, Stella Mednik, said she sent the St. Paul Social Security
office several documents that proved his citizenship, including the
visa papers from his entry into the U.S. from Canada and his Navy
discharge record.
But
it wasn’t enough.
She
said Rose’s only mistake was not applying for a naturalization
certificate when he was 16 years old, which he was required to do.
But, she said that shouldn’t have affected his benefits because
his father was a U.S. citizen.
Rose,
who was born in England, couldn’t provide a copy of his birth
certificate, which further compounded the problem, she said.
Even
though Rose was considered a U.S. citizen because of his father,
Dooley said, his citizenship status was not official because he was
never sworn in.
“Those
who are 14 and older have to take an oath,” she said. “That’s
part of our procedure.”
The
naturalization certificate is not mandatory for certain government
benefits, she said. It only speeds up the process.
“We
have seen there are a lot of agencies that won’t grant benefits
without seeing it,” she said. “That’s the Catch-22.”
Indeed,
Rose’s benefits claim was denied in 2005 because there was no
evidence of his age and no evidence of U.S. citizenship status,
Social Security officials told the Pioneer Press in December.
As
to why it took five years to get answers, Dooley could only offer up
this explanation: Rose was most likely the victim of poor record
keeping.
Immigration
files before 1956 are not kept in an electronic database, she said,
and must be physically retrieved from storage.
“That
can take a long time,” she said.
Mednik
said Rose’s accrued benefits total at least $50,000.
Rose,
a longtime chef and baker who now works at the Hastings YMCA, said
things started to go his way because of Mednik, a New York
immigration attorney who has worked on his behalf at no charge for
the past 17 months.
“I
don’t have the words to say what she has done,” Rose said, adding
he wished she could have made the ceremony. “She is what a lawyer
is supposed to be. I think she’s more excited than me.”
Veterans
Home resident Kevin Johnson said he’s been impressed with how Rose
has kept his sense of humor throughout the ordeal.
“It’s
been a long time coming for him,” Johnson said. “He learned to be
tolerable about the whole thing. Although if you need any bureaucracy
jokes, he’ll tell you some.”
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