Jackolantern
Registered Users (C)
No, that page doesn't say legitimation is a necessary condition, it only mentions it among the situations where they will presume custody in the absence of evidence to the contrary.
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Am I A US Citizen And Not Know It? Child Citizenship Act Questions.
- Thread starter coolguy206
- Start date
No, that page doesn't say legitimation is a necessary condition, it only mentions it among the situations where they will presume custody in the absence of evidence to the contrary.
Perhaps, but the OP still has to satisfy the definition of a "child" of his father within the meaning of INA 101(c)(1).
As far as I can tell, that requires either proving that the OP was born in-wedlock or that the OP was legitimated.
Here is a link to a decision by the AAO from Feb 2005 that seems to be directly relevant to OP's situation:
http://www.uscis.gov.edgesuite-stag...ecisions_Issued_in_2005/FEB232005_03E2309.pdf
The AAO decision makes it clear that for an out-of-wedlock birth, under the Child Citizenship Act, when derived citizenship is claimed through the child's father, it is necessary that the applicant satisfy the definition of a "child" specified in INA 101(c)(1), including the requirement for legitimation by the age of 16. In fact, in this case the original N-600 application was denied exactly because the IO adjudicating the application decided that such legitimation did not take place.
The AAO overruled the denial and approved the N-600 application because they determined that the provision of the Washington State family law in effect until April 2002 did provide for automatic legitimation, assuming that "the father received the child into his
home and openly held out the child as his child".
So if the OP had resided in Washington State with his father at some point prior to turning 16, it is likely that the OP can claim to have been automatically legitimated under the the Washington State family law.
http://www.uscis.gov.edgesuite-stag...ecisions_Issued_in_2005/FEB232005_03E2309.pdf
The AAO decision makes it clear that for an out-of-wedlock birth, under the Child Citizenship Act, when derived citizenship is claimed through the child's father, it is necessary that the applicant satisfy the definition of a "child" specified in INA 101(c)(1), including the requirement for legitimation by the age of 16. In fact, in this case the original N-600 application was denied exactly because the IO adjudicating the application decided that such legitimation did not take place.
The AAO overruled the denial and approved the N-600 application because they determined that the provision of the Washington State family law in effect until April 2002 did provide for automatic legitimation, assuming that "the father received the child into his
home and openly held out the child as his child".
So if the OP had resided in Washington State with his father at some point prior to turning 16, it is likely that the OP can claim to have been automatically legitimated under the the Washington State family law.
coolguy206
Registered Users (C)
So if the OP had resided in Washington State with his father at some point prior to turning 16, it is likely that the OP can claim to have been automatically legitimated under the the Washington State family law.
I've been living with him the whole time growing up from a baby until my 20s.
I've been living with him the whole time growing up from a baby until my 20s.
Yes, but in which state or states did you live when you were growing up?
In your earlier post you mentioned that you currently live in Washington state.
The AAO case I linked in my previous post concerns the family law in Washington state. If you lived in Washington at some point prior to your 16th birthday, then most likely the Washington automatic legitimation law did apply to you.
But if did not live in Washington but lived in some other states, you'd have to find out what the family law there says/said about legitimation.
coolguy206
Registered Users (C)
Yes, but in which state or states did you live when you were growing up?
In your earlier post you mentioned that you currently live in Washington state.
The AAO case I linked in my previous post concerns the family law in Washington state. If you lived in Washington at some point prior to your 16th birthday, then most likely the Washington automatic legitimation law did apply to you.
But if did not live in Washington but lived in some other states, you'd have to find out what the family law there says/said about legitimation.
Grew up and lived in Seattle, Washington all my life since the age of 1. Washington State is all I know. lol
But what concerns me is you posted that the family law came into effect in 2002 but the Child Citizenship Act came into play during 2001? Or did I misread something? Sorry if I didn't read it right.
Grew up and lived in Seattle, Washington all my life since the age of 1. Washington State is all I know. lol
But what concerns me is you posted that the family law came into effect in 2002 but the Child Citizenship Act came into play during 2001? Or did I misread something? Sorry if I didn't read it right.
I think you did misread the AAO decision.
The decision says that the provision of the Washington family law about automatic legitimation that I mentioned, namely RCW 26.26.040, was in affect until April 2002. In April 2002 that provision was repealed and replaced by a new one, RCW 26.26.116.
However, what matters to you is what law was in effect when you were growing up, that is prior to April 2002.
So I believe that if you take the position that your parents were never legally married, you would have been automatically legitimated under RCW 26.26.040.
coolguy206
Registered Users (C)
Okay thanks Baikal for all these info. Who should I contact or where should I go to verify if I am a US citizen or not or to plea my case? The last thing I want to deal with is an immigration lawyer cause they'll probably charge me more then actual cost of getting a passport if I am already derived citizenship. Even if I happen not to be a citizen I am gonna have to pay 600 for an easy *** test I know I am gonna ace + lawyers fees? Screw that! You guys can call me cheap but I rather do either one on my own.
Okay thanks Baikal for all these info. Who should I contact or where should I go to verify if I am a US citizen or not or to plea my case? The last thing I want to deal with is an immigration lawyer cause they'll probably charge me more then actual cost of getting a passport if I am already derived citizenship. Even if I happen not to be a citizen I am gonna have to pay 600 for an easy *** test I know I am gonna ace + lawyers fees? Screw that! You guys can call me cheap but I rather do either one on my own.
There is no place that you can "go to verify if I am a US citizen". All you can do is submit an N-600 application or a passport application and see what happens. Note that even if you do qualify for derived citizenship, your application may easily be denied if you don't provide adequate supporting documentation.
That's exactly why I suggest consulting with a lawyer first.
In your case you have to first decide whether to try to claim that (1) your parents were married in Cambodia or (2) that they were not legally married but that you were legitimated under the Washington state family law.
Because you do not have your parents' marriage certificate, you are going to have to attach a letter to your application explaining exactly why you believe that you qualify for derived citizenship and explaining what kind of supporting documentation you are providing.
For each of these options different types of supporting documents are needed. For option (1) you'd have to provide some kind of a secondary evidence of your parents' marriage. I don't know what kind of evidence is considered acceptable/pursuasive for such cases, and also what if any documents of this kind your parents actually have. A lawyer should be able to clarify this for you.
For option (2) you'll have to explain that you are claiming legitimation before the age of 16 under the former Washington State law RCW 26.26.040. You'd presumably need to find the actual text of that law as it was then (the AAO decision I linked above does not cite that law directly but rather cites a relevant court decision -- I am not sure if that'll be enough). You'll also need to provide some actual evidence of having satisfied the relevant provision of RCW 26.26.040. Presumably something like school records, maybe tax returns where your father listed you as a dependent, maybe some documents related to your GC application, etc. Again I don't know what exactly you have and what would be consdered acceptable/persuasive by the USCIS and the State Department in terms of evidence of this type.
You are certainly welcome to try to do all this research completely on your own, prepare an application (an N-600 or a passport application) yourself, enclose a letter explaining your situation, with supporting documents, then submit the application and see what happens. But I personally would have consulted a lawyer if I were in your shoes (and even then, I would have tried to collect as much documentation as possible first).
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Jackolantern
Registered Users (C)
USCIS is the primary authority you would go to for claiming that you're a citizen through your parent(s), and the N-600 and its associated process is the official method for pleading your case.Okay thanks Baikal for all these info. Who should I contact or where should I go to verify if I am a US citizen or not or to plea my case?
The last thing I want to deal with is an immigration lawyer cause they'll probably charge me more then actual cost of getting a passport if I am already derived citizenship. Even if I happen not to be a citizen I am gonna have to pay 600 for an easy *** test I know I am gonna ace + lawyers fees? Screw that! You guys can call me cheap but I rather do either one on my own.
Apply for the N-600 on your own and see what happens, then bring in the lawyer if it's denied. Or you can seek a one-time consultation with an immigration lawyer to review your N-600 form and supporting documents and advise you on what is missing or incorrect, then you fix the issues and submit it on your own. That should cost less than $400.