US Citizenship through father - adult applying

Z

zigzagzig

New Member
I've come to this forum as most sites I read mention acquiring US citizenship as a minor, but I'm an adult.

I was born out of wedlock in New Zealand to an NZ mother and US father. They did not stay together and my father eventually returned to the US. My father is in his 60's now and was born and raised in the US. He did work for approximately 10 years abroad, before returning back to the US, where he has been working continually for the last 20 years.

I am now married and in my 30's wanting to apply for US citizenship through the US embassy in NZ.

My questions:

Which forms do I need to complete?
What supporting documents do I need to provide?
What supporting documents can my father provide to support my application?
Anything else I need to be aware of?

Do you think I have a shot at getting citizenship?

My birth in NZ was never reported to the US embassy here.

Thank you.
 
Thanks Jack, great link.

Anyone else applied for citizenship as an adult not a minor, based on your father being a US citizen? Was wondering what the process is like and what documents you provided.
 
Phoned the US embassy today, but was told to phone back at a certain time to speak to the specific section required. A few questions the woman asked me on the phone - 1) under what circumstances are you applying , answer: father is a US Citizen, then 2) which country were you born in, 3) which country do you reside in, 4) does your father reside in this country, 5) how old are you, 6) why didn't you apply for it earlier. I guess she writes this all down and when I phone them back at the right time, the relevant department is already aware of my circumstances (even though she didn't ask for my name).
 
zigzagzig said:
Thanks Jack, great link.

Anyone else applied for citizenship as an adult not a minor, based on your father being a US citizen? Was wondering what the process is like and what documents you provided.
Click to expand...

You are outside the US, so you'd be applying for a US passport for proof of US citizenship using form DS-11 (http://travel.state.gov/passport/forms/ds11/ds11_842.html). Note that you are not actually applying to obtain US citizenship; you are applying to have your existing citizenship officially recognized. If your father met the relevant criteria before you were born, it means you would have been a US citizen since birth.

The supporting documents will be whatever you can gather to prove the relevant conditions -- most likely a DNA test to establish the blood relationship, evidence of your father supporting you financially while growing up, evidence that he lived in the US for the required number of years before your birth, etc.

After moving the US, you can also file form N-600 to get a Certificate of Citizenship. It will involve the same set of documents that you used to apply for the passport, except that you'd provide photocopies of the documents with the application, and then bring the originals to the immigration office on the day you pick up the certificates.

The N-600 is optional, but it can be very useful to have it since it provides evidence of US citizenship that doesn't expire, and if you don't have the certificate there is a chance you'll have to provide the same big stack of documents again if you lose your passport and need to replace it. Ideally your father would have reported your birth to the US embassy and received a Certificate of Birth Abroad for you, and that would have been your non-expiring proof of US citizenship.
 
Note that your spouse and children (if born outside the US) won't immediately get citizenship through you. After establishing your own citizenship, you'll have to file green card paperwork for them to enable them to move to the US. That will take several months. After your under-18 children (if any) move to the US with their green card to live with you, they would derive citizenship immediately and you can apply for a US passport and/or N-600 certificate for them. But your spouse would have to live in the US with you for 3 years to become eligible for citizenship through you.
 
You were born out of wedlock so you and your dad must meet ALL of the requirements under the applicable law. Your situation is governed by section 309 of the Immigration and Nationality Act (INA) which has changed over the years and is controlled by the date of your birth (and any retroactive amendments after that, if any). Find the law at www.uscis.gov on the Laws tab. See also Adjudicator's Field Manual (AFM) appendix 71-2 Nationality Chart #2.

Good Luck,
 
thanks for the info. Yes, applying for A US passport is the route to take. It's highly likely that I would not be able to get a passporr due to INA 309 relating to illegitimate children. Basically i have to prove I was legitimated before 18 - BUT the US embassy won't tell what I need to provide to do that. It's more complex in that, in NZ there is no way to legitimate a child - as the concept of "illegitimate" does not exist. So, looks as though the answer is no - I am not eligible.
 
If there was no concept of illegitimate under NZ law at the time you were born, or if that concept was eliminated before you turned 18, you probably could claim that you were legitimated. There was a court case for a New Jersey applicant where the legitimation was decided on that basis -- since May 1983 New Jersey eliminated the distinction between legitimate and illegitimate children.

But you'll need to gather evidence of what the relevant NZ laws were when you were born, and if/how it changed between your birth and your 18th birthday.
 
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