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My son's bio father is an U.S citizen. Is my son? (Immigration Law)

Wed, 02 Feb 2005 16:05:00 GMT

What is the name of your state? Nevada
I gave birth to my son out of wed-lock, in England, in 1969. His father was an American G.I. My son now works in NC, he has a H1B visa, he is a scientist. Recently my son located his father on the internet, the guy admits that he is his father, and they are communicating via email.
My question is...Is my son entitled to American citizenship?

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  • Wed, 02 Feb 2005 16:26:00 GMT(1)
  • Quote:

    Originally Posted by trubrit22

    Is my son entitled to American citizenship?

    From a website:
    CHILD BORN ABROAD TO ONE AMERICAN CITIZEN PARENT AND ONE NON-AMERICAN PARENT ON OR AFTER NOVEMBER 14, 1986
    A child born outside of the United States to one American citizen parent and one non-American parent may be entitled to citizenship providing the American parent had been physically present in the U.S. or one of its outlying possessions for five years, at least two years of which were after s/he reached the age of fourteen. This period of physical presence must have taken place prior to the birth of the child
    CHILD BORN ABROAD TO ONE AMERICAN CITIZEN PARENT AND ONE NON-AMERICAN PARENT BETWEEN DECEMBER 24 , 1952 AND NOVEMBER 13, 1986
    A child born outside of the United States to one American citizen parent and one non-American parent, may be entitled to citizenship providing the American citizen parent had, prior to the birth of the child, been physically present in the United States for a period of ten years, at least five years of which were after s/he reached the age of fourteen.
    CHILD BORN OUT OF WEDLOCK TO AN AMERICAN CITIZEN FATHER
    A child born outside of the U.S. to an American citizen father where there is no marriage to the non-American mother is entitled to American citizenship providing the American citizen father had been physically present in the United States for the period of time as specified in previous paragraphs for children born in wedlock to one American and one non-American parent, either before or after November 14, 1986: and the following is fulfilled:
    1. The father must sign a sworn statement agreeing to provide financial support for the child until s/he reaches the age of 18 years; and
    2. Either of the following conditions is met:
    a) The father provides a written statement acknowledging paternity OR
    b) The child is legitimated under local law (in Cyprus legitimating can only take place as of when the parents marry OR Paternity is established by a competent court before the child attains the age of 18 years old).
    3. The foreign mother must complete an "Affidavit to establish paternity of child" before a consular officer.

    Source: http://www.americanembassy.org.cy/USCitizen/birthAbroad.htm
    See US Code:
    http://www.law.cornell.edu/uscode/html/uscode 8/usc_sec_ 8_ 14 9---- -.html
    Also, see 'Miller v. Albright, 523 U.S. 42 (1998)' at:
    http://www.richw.org/dualcit/cases.html
  • Wed, 02 Feb 2005 17:16:00 GMT(2)
  • Quote:

    Originally Posted by trubrit22

    Everything that I read is about children under the age of 18. My son is now 35 years old. Does that make any difference? Is there a form that his father can fill out? How do we proceed to get him his citizenship? Thanks for all of your help, Dianne

    Did you read the information I provided? There is nothing there about requiring under 18 years old. Also, the procedures for obtaining citizenship if eligible are shown.
  • Wed, 02 Feb 2005 16:46:00 GMT(3)
  • Everything that I read is about children under the age of 18. My son is now 35 years old. Does that make any difference? Is there a form that his father can fill out? How do we proceed to get him his citizenship? Thanks for all of your help, Dianne
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