DMV becomes roadblock for citizens born outside U.S.

KANSAS CITY, Mo. -- Except for the first five months of her infancy, Audrey Barbarick has lived in Missouri all her life.

Her mother was born on the island of Malta in the Mediterranean Sea. In 1952, she met Barbarick's father there. He was in the U.S. Navy. They married in England in 1954. Barbarick and her twin sister were born in 1956 in London. Five months later, the family moved to Missouri. Her mother became a citizen in 1961.

Barbarick, 53, grew up in Pleasant Hill, her father's hometown. She now lives in Blue Springs. As a child, she helped out in her uncle's grocery store and listened to the Beatles with her mother. Later, she married her high school sweetheart and had three children, one of whom served in Iraq. She held jobs, paid taxes, took care of bills and every few years renewed her driver's license.

It was during a trip to the Department of Motor Vehicles' Harrisonville office in 2005 that she realized she could not prove her U.S. citizenship as required by the Real ID Act signed by President Bush that year. The act imposes certain security and authentication standards for state driver's licenses and state ID cards in order for them to be accepted by the federal government for "official purposes," as defined by the secretary of homeland security.

Missouri then passed the "Show Me Proof" law, which became effective July 1, 2005, and affects all Missouri driver's license and instruction permit holders. There are three primary requirements: Proof of lawful presence, proof of identity and proof of residency.

A child born overseas to a U.S. citizen, as in the case of Barbarick, must have their birth registered at the U.S. Consulate before a U.S. passport can be issued. Barbarick had her London hospital birth certificate but nothing more. She returned home, scoured through the papers of her deceased parents but found no legal proof of her status.

Her situation, however, was not unusual. In most cases, the problem requires filing forms with the U.S. Citizenship and Immigration Services. But a worst-case scenario could result in deportation.

"It is not uncommon to see people not file the proper paperwork," said Mary Lou Cabrera, a spokeswoman with the Citizenship and Immigration Services office. "But if someone didn't file papers and derive citizenship, there could be consequences."

Overland Park immigration attorney Mira Mdivani called the "Show Me Proof" law misguided.

"It does affect law-abiding citizens and legal residents who are treated like criminals," Mdivani said.

Under the law, Barbarick is no different from someone crossing the U.S. border illegally, said Kansas City immigration attorney Jonathan Willmoth.

"They're all sympathetic stories," Willmoth said, "but it's on her to prove she has been in the United States all this time."

Barbarick tried. Since 2005, the Department of Motor Vehicles has given her two extensions on her driver's license. She requested through the local office of the Citizenship and Immigration Services office records of her mother's legal status, thinking this would apply to her and her sister. In 2007, a year and a half later, she received them and returned to the Department of Motor Vehicles. She was informed that evidence of a parent's citizenship did not transfer to the children.

Barbarick then returned to the Citizenship and Immigration Services office and was given "Adjustment of Permanent Residence" forms to complete. She and her sister -- who lives in Pleasant Hill -- must show they have been present in the United States for 10 years, five of which must be after the age of 14. Social Security records and high school diplomas would be acceptable proof.

Barbarick's latest driver's license extension expires in January, and as of mid-September she had yet to complete the forms. Health problems interfered, and she admitted to procrastinating, resentful that she had to prove her citizenship after all these years.

"I just have to do it. I know it will work out, but it's been a real inconvenience," Barbarick said. "I voted in presidential elections. I pay taxes. I'm an American."