American Father, Australian Mother, Born in UK and adopted at birth...

[olih1980]

Hi
I have a fairly strange question..

My mother is English - born in UK out of wedlock to an American father and Australian mother (will also post similar in Oz section). She was adopted at birth by two British citizens.

He was a serving in USAF at the time stationed in UK(c1954).
She is in contact with her mother in Oz however her father returned back to US shortly after her birth leaving only a name and forwarding address. There has never been any contact since and I am not even sure that he is still alive.

Is my mother entitled to apply for a US passport on the basis that her father is American and what is the likelihood that this would be approved?

Like the British forces, the USAF must keep records of members, when/where they are deployed etc and should therefore be able to trace her father fairly easily (if they needed to prove paternity).

On the assumption that she was able to get an American passport, would that entitle me as her son to apply for one or aid in getting a green card?

Of course, for both parts, how would we then go about applying ie. Which forms would need to be completed?

Any help/advice gratefully recieved!

 

[Jackolantern]

Is my mother entitled to apply for a US passport on the basis that her father is American and what is the likelihood that this would be approved?

She is not a US citizen, because of the failure to meet conditions 3 and 4 below.

See http://travel.state.gov/law/info/info_609.html

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father: A child born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) INA, as made applicable by Section 309(a) INA provided:

1) a blood relationship between the applicant and the father is established by clear and convincing evidence;

2) the father had the nationality of the United States at the time of the applicant's birth;

3) the father (unless deceased) has agreed in writing to provide financial support for the person until the applicant reaches the age of 18 years, and

4) while the person is under the age of 18 years --

A) applicant is legitimated under the law of their residence or domicile,

B) father acknowledges paternity of the person in writing under oath, or

C) the paternity of the applicant is established by adjudication court.

 

[olih1980]

I read this previously but thought that as she was over 18 sections 3 & 4 did not apply...
or are you saying that because her father did not apply for citizenship before she turned 18 she has now lost her right to it as an adult?

 

[Jackolantern]

She loses her right to US citizenship because of her father's lack of support for her when she was under 18, and his failure to marry your mother's mother or assert his paternal rights in court. If her father had done those things instead of adopting her away, she could still claim US citizenship regardless of whether an actual application for a US passport was done before her 18th birthday.

 

[olih1980]

Thanks for the response.
I was told by a colleague that his friend was in a similar situation - She was born to an American father, in UK and adopted. She had never been to US, not once, not ever.
The only difference was that she knew her father and so she was able to get all his details on the application form... she recieved her US passport shortly afterwards.
Not sure how true that is and I cant really see any reason he or she would make it up however that would appear to challenge what you are suggesting. Is there any supporting docs that you know of for this?

 

[Jackolantern]

Thanks for the response.
I was told by a colleague that his friend was in a similar situation - She was born to an American father, in UK and adopted. She had never been to US, not once, not ever.
The only difference was that she knew her father and so she was able to get all his details on the application form...

Are you sure that's the only difference? Was she adopted at birth, or months/years later? Was she born in wedlock or not? Was either of the adoptive parents a US citizen?

 

[yandresyuk]

I thought that being adopted severed all the connections with your birth parents?