Jarec Wentworth Exclusive: “I’m A U.S. Citizen”

Posted September 14, 2015 by with 28 comments

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For the first time since his now infamous prison email—in which he accused Republican multimillionaire Donald Burns of rape—former gay porn star turned convicted extortionist Jarec Wentworth is speaking to Str8UpGayPorn.

In a brief but informative statement, Jarec Wentworth—who was born in Romania—is responding to recent questions surrounding his United States citizenship, telling Str8UpGayPorn exclusively: “I am a citizen, but didn’t know.”

Wentworth’s concise message (sent via email) comes on the heels of a disappointing court ruling that did not allow him time to prove his U.S. citizenship.

According to the former Sean Cody model’s lawyers, if Wentworth is able to prove that he is a U.S. citizen, he’d be eligible for more benefits during his incarceration, and he wouldn’t be at risk of deportation upon his release. Since Judge Walter unfairly (in my view) denied Wentworth’s request for a delay in sentencing, it’s unclear if there will be enough time to prove Wentworth’s citizenship before his sentencing, which is set for October 26th.

Str8UpGayPorn spoke with a close friend of Wentworth’s for some clarification on the status of his citizenship, and whether or not he really could be deported upon his release from prison. (Note: This friend, a frequent source for Str8UpGayPorn, has asked not to be identified by name and is referred to as “JW Friend.” In the below transcript, this friend refers to Wentworth by his legal name, Teo.)

Str8UpGayPorn: Jarec has told me he’s a U.S. citizen, and I assume he’s told you the same. Is he right?
JW Friend: Teo is actually a U.S. citizen. He automatically acquired U.S. citizenship in accordance with the Child Citizenship Act of 2000. He’s been a citizen since Feb. 27, 2001—the effective date of the act. He was 11 years old at the time.

So, why the confusion now?
USCIS doesn’t automatically update their records to show that citizenship was automatically acquired under the act.

Jarec told me he “didn’t know” he was a citizen. How is that possible?
Several of his elder siblings, also foreign born, each automatically acquired citizenship under the act, like Teo. But unlike Teo, they KNEW they had acquired citizenship under the act, and so they filed Form N-600 (Application for Certificate of Citizenship) to get a certificate that documents their citizenship. The purpose of filing Form N-600 is not to request citizenship, but to request a certificate that documents when citizenship was acquired.

Will Jarec’s lawyers be able to get the form before his sentencing next month?
Fortunately, there’s no time limit on filing Form N-600. Unfortunately, it normally takes USCIS six months or longer to process the application. We’re hoping that Teo can get his Certificate of Citizenship in time to update his PSR, before sentencing.

PSR?
Pre-sentencing report. The reason his PSR currently lists him as a Permanent Resident is because shortly after his arrest, Teo told U.S. pretrial services that he’s a Permanent Resident, because that’s what he believed at the time. Shortly before his arrest, he got his Permanent Resident Card renewed. So at this point, USCIS only knows that Teo is permanent resident.

If they don’t get proof of citizenship before sentencing, could Jarec be deported upon his release?
Even if Teo’s PSR is not updated in time for his sentencing, he’s not at risk of deportation. Neither the Trial Court, the U.S. Probation Office, nor the Bureau of Prisons (BOP) has the authority to determine who is a citizen or who gets deported. BOP merely relies on the info in the PSR when deciding placement within the BOP system and eligibility for BOP programs. USCIS, not the BOP, determines citizenship and who gets deported. Even if Teo were not a citizen, he wouldn’t be deported; he’s been here too long.

And worst case scenario, they can still file after sentencing?
Even after sentencing, Teo can still file form N-600 with USCIS to obtain his Certificate of Citizenship. There’s no deadline for filing that form, and to qualify for the certificate, he only has to show that he satisfied the requirements of Section 320 of the INA before he turned 18.