Happy 85th Birthday - Vietnam Veteran Tony Rose - Who Underwent A 4 Year Citizenship Search

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"

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"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.”

Hastings Man Becomes an American Officially

NAVY VETERAN HAS WAITED 2 YEARS FOR SOCIAL SECURITY

BAKER AND ANIMAL CARE SPECIALIST
TONY ROSE,
HONORABLY DISCHARGED AS A US CITIZEN FROM THE MILITARY,
PAID INTO SOCIAL SECURITY WORKING IN THE U.S. FOR 30 YEARS AND NOW CANNOT COLLECT HIS PENSION


As Veteran's Day approaches, 67 Year Old Tony Rose and his lawyer are wondering what additional rocks they have to look under to find his lawful Social Security Pension.

He was born in England.  His family moved to New York when he was a child.  His father was a dual Canadian and US Citizens. After Tony's Navy discharge he worked in the US for over 3 decades, paying state and federal taxes and Social Security.

In 2006 when Tony applied for his pension he was informed that the US Department of Homeland Security had revoked his US citizenship and did not recognize his Canadian citizenship. He has attempted to resolve this matter for over 2 years and has been without a pension during that period.The Social Security Administration will not begin his pension payments until his citizenship issue is resolved. He has been trying to work this matter through a lawyer, the VA, his local representatives in government (congressional level) and directly through the Social Security Office.

No one seems to know what to do, who should take action and who has responsibility. Letters directly to the presidential campaign received no response. The Inspector General of the US has been notified and Tony has camped out in his local Congressional Representative's Office on numerous occasions and been turned away.

The veteran has lived in the United States since 1946 having moved from Windsor, Ontario, Canada to Detroit Michigan with his family that year at the age of 5 years old. He attained dual citizenship in Canada and the United States and received a valid US Social Security Number. Tony served in the Armed Forces of the US honorably and has paid state and federal taxes to include social security from 1963 to the present in the United States of America. He is still paying those taxes at his current part time jobs.

At this writing, Mr. Rose has been given no indication by the US Government that his case is being examined by anyone who can take a responsible course of action, schedule a hearing or otherwise determine the bottom line in this matter. His lawyer, who is working pro bono, is totally frustrated and each of the agencies involved has stated the other should be responsible to do something.

Tony lives at the Hastings Minnesota State Veteran's Home and works locally at the 2nd Street Coffee Shop and the Animal Ark.

Happy Veteran's Day, Tony - Such as it is.