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The story’s in the form of an appeal letter I sent to the following people:

• Zoe Lofgren
• Michael Chertoff
• George Bush
• Richard Cheney
• Barbara Boxer
• Diane Feinstein
• Nancy Pelosi

September 8, 2008

Dear Governor Schwartzennegger,

As I write this letter, I am about to celebrate my 30^th birthday. Number’s just an age but heck, that’s a huge number.

Today, I had an interview for my US citizenship test after 7 very long years of waiting. I was nervous and worried, yet happy and excited. I’ve waited for this moment for 2,555 days (since 2001). It was going to be big bang 30^th birthday gift from Uncle Sam. I was proud to be a to-be-citizen citizen of the US.

But no, none of that happened today. Instead of going out to celebrate my birthday with family and friends, I am toiling away writing this letter because I want conveys to you my dire request for change. Of course, my friends (who are almost all citizens by birth) cannot understand why nor do I care to explain to them. I want to connect with you, governor.

My name is TaeWoo Kim. I have been in the US for about 2 decades now. (I never thought in my teen years that I would turn 30, but then again, I thought I was going to be the next Rick James by 20 too.) I came to the US through NYC, where I grew up and attended elementary school, junior high school, and high school.

My dad, Andrew Seung Nam Kim, had a second marriage to a lady named Hui Ja Kim in Korea, who later helped us come to the US. After a while, their marriage crumbled and my dad took custody of me and my siblings. He later became a US citizen, before my siblings and I turned 18. When I turned 21, I asked the USCIS if I could be granted a citizenship based on this fact. According to USCIS, kids under the age of 18 are automatically granted citizenship to a naturalized citizen parent. I was told no because of some technicality on the citizenship application that he filled out, not once but three times; once in NYC USCIS and twice in San Jose, CA USCIS.

Seeing how USCIS is a big black box that no one understands and how USCIS agents do not convey any sensible information, I thought my best chance was to go through the normal application process. Both my siblings were told the same, so they went that route too and they became citizens without any trouble.

I, on the other hand, had some troubles. I guess I fit the profile of good Asian son who does goody-goody things as they were told too. When I moved to California after having graduated Cum Laude at Boston College in Massachusetts with, I tried to become more of a more outwardly person. Doing things that I’ve never tried; talking to girls at social scenes, trying standup comedy, meeting new people outside my comfort zone, performing hip hop dance all over Bay Area, etc. Life was great. I was making good money as an engineer, single, and quite frankly, free.

 

I guess the youth truly is wasted on the young, in a sense of, well, sensibility. One night in 2001, I was out with a couple of friends, and well, had a little too much to drink. I never drank before I came out of college so I wasn’t sure what exactly my “limit” was. Excuses aside, I was too intoxicated to drive (let alone think logically) and got a DUI in San Mateo County. Having spent a night in the drunk tank, I realized something. First, cops don’t really care if you’re a 300 lb. serial killer with multiple arrest warrants or just a first time offense, misdemeanor drunk driver. They will treat you like shit. Second, freedom is ironic. You don’t really appreciate it until you lose it.

Freedom is like a nice girl you dated in high school who was nice… maybe too nice. You break up with her, date bunch of, pardon my French, bitches and find out how truly great she is. Then you go back to her and find out she’s married this dork from your math class who eventually turned out to be a millionaire business tycoon and she’s now a model.

Ok, if that sounded too real, because that is something that actually happened to me.

 

The point is, I now really understood what freedom means. Especially having sat next to two drunken college dudes who were singing their fraternity song (it was a weekend and a lot of college guys got DUI that night). I’m thinking: wow, what a great country. Instead of getting beaten by corrupt cops half to death in some other parts of the world, I get a slap on the wrist. Mighty powerful slap, but still, I am able to walk away with my life and my freedom.

Now I’m a DD Nazi – designated driver Nazi – because I will not even get into the driver’s seat of a car if I’ve even been near alcohol. I make sure I get a DD if I know I will be consuming alcohol.

Anyway, back to the story…

When I go this DUI, I was in the middle of applying for an N-400 (application for naturalization). By the time the DUI thing was over (after having paid crap load of legal fees, fines, and community service time), I was on court probation for 3 years (till 2004). During the interview, I was told that I could not apply for N-400 if I were on court probation unless otherwise stated by court.

I was mad, but I understood. It was my fault and I take full responsibility. So I waited till my court probation ended.

In January of 2005, I re-applied. This time, I had all the legal documentations and necessary paperwork to satisfy the most nitty gritty requirement set forth by USCIS. I was sure that I would get granted this time. I really wanted to become a US citizen so I can vote! I was sick of just complaining about the government (especially since I’m an entrepreneur and very keen on political changes in Silicon Valley) without doing anything about it.

Then 2006 came. Nothing.

I must’ve contacted USCIS every other month requesting status update. Every time, I was given the run around – that we need this, we need that, we’re waiting on this, and we’re waiting on that.

Then 2007 came. Nothing.

This time, it was the FBI name check clearance. They have no control over this and they can’t do anything about it. When I asked who I can write or call to see who can help, he said “the president of the United States.” I laughed, but he didn’t. “Sir, I do not joke about this stuff. This is a serious matter of national security” while looking straight in my eyes. He looked like I owed this guy rent money

Then 2008 came. It looked as if nothing was going to happen. I even asked my congressman Mike Honda for his help and all I got was, “we’ll look into it and tell you in three months.”

But a stroke of luck: I get a letter saying that I have an interview coming up exactly on the date of my 30^th birthday. Wow, I thought.

This time I was ready for anything and everything. Double copies of all court papers, triple copies of anything related to the N-400 application, etc. I even came an hour in advance and went through the interview questions about 30 times before I decided it was too much. Today was going to be my day. I was a happy man.

Then the sucker punch.

It turns out I may already be a citizen because my I was only 15 when my dad became a citizen.  Meaning, I have to apply through a different application. I said, no problem, I will just go the normal route because I know for a fact that I am not a citizen (see page 1) and that I have been told this to my face  from other USCIS agents three other times.

The lady disagrees and tells me that I have to prove that my dad was divorced and that I was under his custody when he was naturalized. She asked me to provide documents from something happened twenty years ago from a person I no longer can contact. This isn’t a document that I can search for in courts, she says, because I am no the principal person in the divorce.

My dad and I haven’t talked in 10 years and I do not know where he is or how to get a hold of him. Quite frankly, I am my own man now and our “connection” isn’t that strong. When asked where I can get this, she replies like every other USCIS agent I’ve talked to: “I do not know.”

What is the problem here, I ask? She says that a citizen cannot be (re)naturalized. But, I am not a citizen yet (I’ve been told three times by three different USCIS agents). I even asked her to look my name up in the database of naturalized citizens and see that my name is not there.  But of course once again, she replies like every other USCIS agent I’ve talked to: “I cannot do that” while the computer keyboard was 6 inches away from her hand.

And that’s where the story pretty much ends. I passed the test and everything else, except I have to provide this 20 year old document that my dad was divorced and that he had custody of me. Here’s the irony of all this: if they prove that I am in fact already a citizen, I have to file a different form (naturalization through naturalized parent before the age of 18) that costs $200 more. If they prove that I’m not, then none of this really matters and I will get my citizenship as if none of this hassle happened today.

Where’s the value in what they’re asking me for? The end result is the same. Even if I were a US citizen, why can’t they re-grant me naturalization? Will I be getting double the ability to vote? Will I get double the social security retirement checks? If I am already a citizen, why would I need to APPLY for naturalization (i.e. the other route)? If I am not already a citizen, then they will send me back to the normal application process, in which case I will end up in a circle again.

Because of this incredible red tape I must face, I now have this potential $200 bill that will get me to the exact same goal, not to mention all the time, hassle, and money I have to dish out to find my dad whose connections to me are quite non-existent.

Every time I enter the USCIS building in San Jose, I see a flyer that basically says they want to help us become US citizens. I personally think it’s a flat out false advertisement because clearly, there is an abundance of red tape that USCIS has designed to keep immigrants out of citizenship. Funny thing is, while most of my US born citizen friends are quite apathetic to the current presidential election, I find myself fighting myself tooth and nail to have the privilege (not just right) to vote.

Every day I spend 12-16 hour of my waking hours I put into growing a business that provides value for society, I feel blessed to be in the greatest country in the world. A country that gives its people not just boundless economic opportunities, but the most important concept of all: freedom. And I am proud to call that country, “my country.” I personally feel freedom is the most important thing that anyone can have, more than security that a government can provide and even life itself. Without freedom, I do not see what the point of life is. Until I have the ability to be a full member of society as a citizen with the capacity to vote and exercise my political right and privilege, I am not free.

Governor, this process is mentally and financially draining. I find myself incredibly alienated by the whole system and starting to lose faith in this naturalization process. While I know this fight is tough, I can only take so many punches. I hope you can find it in your heart to help me with my case. I hope you can help me re-kindle the faith that I had have in my government.

Instead of smiling and enjoying myself on my 30^th birthday milestone, I find myself crying alone in front of a laptop, wondering if this letter will be read by anyone who gives a damn.

 

Sincerely,

TaeWoo Kim