yep, i was under the impression that it was a court order, but it was not, is a power of attorney. but i summited that to them at the time of the application. i hope they dont feel like i was lying to them. but i looking at the required documents from the page i posted from the usa embassy they never require all of this stuff? is it because im already in the usa? they wanted to know if i ever received well-fare but how could i since i didnt have a social security number. plus my dad had a good job and never had any of his kids on that.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
Do i qualify for USA citizenship through parent?
- Thread starter locod64
- Start date
Jackolantern
Registered Users (C)
Most fathers who actually raise their children don't sign any government form pledging to raise them; they just do the act of actually raising them. I have to think that the fact that he raised you until age 18 would more than compensate for the lack of pledging to do so before you were 18. But at this point you probably should see an attorney. Don't travel outside the US while your passport is in doubt, but don't give back the passport either unless ordered by a court or government agents with guns.
yep, i was under the impression that it was a court order, but it was not, is a power of attorney. but i summited that to them at the time of the application. i hope they dont feel like i was lying to them. but i looking at the required documents from the page i posted from the usa embassy they never require all of this stuff? is it because im already in the usa? they wanted to know if i ever received well-fare but how could i since i didnt have a social security number. plus my dad had a good job and never had any of his kids on that.
The reason they ask for a court document has nothing to do with the fact that you are already in the U.S. The nationality laws are pretty complicated, and sometimes consulates and embassies do not post all the details regarding what is required. But, ultimately, in deciding if you are a citizen, the State Department has to go by what the law says.
The relevant section if INA to your case is § 309(a) INA, see http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-9757.html
It says:
"The provisions of paragraphs (c), (d), (e), and (g) of section 301, and of paragraph (2) of section 308, shall apply as of the date of birth to a person born out of wedlock if-
(1) a blood relationship between the person 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 person's birth,
(3) the father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and
(4) while the person is under the age of 18 years-
(A) the person is legitimated under the law of the person's residence or domicile,
(B) the father acknowledges paternity of the person in writing under oath, or
(C) the paternity of the person is established by adjudication of a competent court."
I think they are requesting evidence that you satisfy item (4) above. Presumably the most standard way to satisfy (4) is through part (C) "the paternity of the person is established by adjudication of a competent court."
I don't think that a power of attorney from your mother is sufficient in this regard. However, there is another way to satisfy item (4), namely through part (B): "the father acknowledges paternity of the person in writing under oath" (however, this had to have happened before you turned 18).
I agree with Jackolantern that you need to speak to an immigration lawyer ASAP.
Are you already 21? If not, there may still be time for your father to file I-130 on your behalf.
more updates
I know for a fact that my dad meet (criteria 4, B and C) the laws in the Dominican Republic only require the father to act-knowledge the birth before im 18th. under this immigration ruling it confirms what im saying its true http://www.justice.gov/eoir/vll/intdec/vol21/3294.pdf
my dad was the one that declare my birth 8 days later after I was born. this allowed his name to be placed on my Dominican republic birth certificate.
they want part 3 "the father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years" which is kinda hard to do since Im over 18 years old now
I also found the paper work my father started on me in 1994 which was my registration of birth abroad, one of the papers says, that one reason I didnt finish the process for the f240 (birth abroad cert) it was because they couldn't find my mother for a blood test. wow!!!! but if in fact my dad did start the whole process with them they should still have the "affidavit of physical presence and financial support" which he need it to provide in order to start the whole birth abroad process for me then, which is the only thing holding me back now. my father will go to the embassy over there on monday and see if he could get a copy of everything he started for me when i was a child over there.
I know for a fact that my dad meet (criteria 4, B and C) the laws in the Dominican Republic only require the father to act-knowledge the birth before im 18th. under this immigration ruling it confirms what im saying its true http://www.justice.gov/eoir/vll/intdec/vol21/3294.pdf
my dad was the one that declare my birth 8 days later after I was born. this allowed his name to be placed on my Dominican republic birth certificate.
they want part 3 "the father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years" which is kinda hard to do since Im over 18 years old now
I also found the paper work my father started on me in 1994 which was my registration of birth abroad, one of the papers says, that one reason I didnt finish the process for the f240 (birth abroad cert) it was because they couldn't find my mother for a blood test. wow!!!! but if in fact my dad did start the whole process with them they should still have the "affidavit of physical presence and financial support" which he need it to provide in order to start the whole birth abroad process for me then, which is the only thing holding me back now. my father will go to the embassy over there on monday and see if he could get a copy of everything he started for me when i was a child over there.
Last edited by a moderator:
more updates
I know for a fact that my dad meet (criteria 4, B and C) the laws in the Dominican Republic only require the father to act-knowledge the birth before im 18th. under this immigration ruling it confirms what im saying its true http://www.justice.gov/eoir/vll/intdec/vol21/3294.pdf
my dad was the one that declare my birth 8 days later after I was born. this allowed his name to be placed on my Dominican republic birth certificate.
they want part 3 "the father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years" which is kinda hard to do since Im over 18 years old now
I also found the paper work my father started on me in 1994 which was my registration of birth abroad, one of the papers says, that one reason I didnt finish the process for the f240 (birth abroad cert) it was because they couldn't find my mother for a blood test. wow!!!! but if in fact my dad did start the whole process with them they should still have the "affidavit of physical presence and financial support" which he need it to provide in order to start the whole birth abroad process for me then, which is the only thing holding me back now. my father will go to the embassy over there on monday and see if he could get a copy of everything he started for me when i was a child over there.
Interesting. I guess you may have to present or re-present these arguments to the State Department to convince them that all the criteria of § 309(a) INA are satisfied in your case. Getting a lawyer's help is a good idea, especially since your case is quite complicated and people at the State Department working on passport applications are not uniformly competent.
You may also want to submit N-600 in the meantime; the USCIS workers dealing with N-600 applications are generally more experienced in dealing with the finer points of the nationality law.
ok I keep receiving letters from them asking me to return the passport! honestly this is getting mad annoying. this is what the letters is saying for me to do. I need to either summit a "notorized affidavit filed through the courts prior to your 18th birthday. the affidavit must show that your father acknowledging his paternity and agreeing to provide financial support until your 18th birth day!! then it goes on how i got 90 days to either summit that form or return the passport assign to me. i have called multiple passport agencies and they told me I shouldnt have to provide that since i was over 18 at the time I applied for my proof of citizenship. so I dont know why the Boston agency keeps asking for that!!! and im yet to find someone who has ever done a "Affidavit filed through the courts" this is nonsense.
Unfortunately I would assume they can invalidate the passport from their end. You might still keep it and use it for ID, but most likely not for travel. I think it is better to get in touch with them, explain your situation, how you were brought up by your parent, etcetera and to see if there is some equivalent proof that you can submit. I think they are going by the letter of the law and not the spirit of the law. Let's see if you can make them go by the spirit of the law.
ok I keep receiving letters from them asking me to return the passport! honestly this is getting mad annoying. this is what the letters is saying for me to do. I need to either summit a "notorized affidavit filed through the courts prior to your 18th birthday. the affidavit must show that your father acknowledging his paternity and agreeing to provide financial support until your 18th birth day!! then it goes on how i got 90 days to either summit that form or return the passport assign to me. i have called multiple passport agencies and they told me I shouldnt have to provide that since i was over 18 at the time I applied for my proof of citizenship. so I dont know why the Boston agency keeps asking for that!!! and im yet to find someone who has ever done a "Affidavit filed through the courts" this is nonsense.
The Boston agency does seem to have a point, at least based on the literal text of the law, namely item (3) of § 309(a) INA:
"(3) the father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years,"
My reading of it is that this condition needs to be satisfied regardless of when you apply for the passport, before or after turning 18. That is, they need to see a sworn written document, dated before your 18th birthday, where your father agrees to provide financial support for you until you turn 18.
Perhaps there is a way around the "affidavit filed through the courts" thing - maybe some other form of such declaration would be acceptable as the law does not explicitly specify that such a written declaration must be filed - but this item must be satisfied in some way.
Perhaps there is something else in your records (you mention that your father did start the paperwork in 1994 for registering your birth abroad) that could be used to satisfy item (3) of § 309(a) INA.
As others have noted, it is also a good idea to file N-600. The USCIS people dealing with N-600 applications are more experienced in dealing with intricacies of the nationality law than the State Department people and, hopefully, they'd be willing to be more flexible. If you get a certificate of citizenship, you can use it for your future passport applications.
I would not return you current passport, though.
Jackolantern
Registered Users (C)
ok I keep receiving letters from them asking me to return the passport! honestly this is getting mad annoying. this is what the letters is saying for me to do. I need to either summit a "notorized affidavit filed through the courts prior to your 18th birthday. the affidavit must show that your father acknowledging his paternity and agreeing to provide financial support until your 18th birth day!! then it goes on how i got 90 days to either summit that form or return the passport assign to me.
Send them the power of attorney thing again, and a notarized affidavit from your father stating that he personally raised you by himself until age 18, and see if that will shut them up.
Whatever you do, don't return the passport unless ordered by a court or agents with guns. And even if it's a court order, don't just hand it over; get a court date to defend your case.
ok My father just got back from the Dominican republic, he spent countless hours at the US embassy talking to them about my situation! the only document they could find about me, was a letter which they sent to him saying that my process for a "FS240" the report of birth abroad was placed on hold" they reason was they needed a blood test and my mother was A-wall in panama at the time. they also gave us this link to their page http://santodomingo.usembassy.gov/adult_citizenship-e.html which allows adult born abroad like in my situation to acquire citizenship and it shows all the require document to obtain a us passport but it never ask for this document since they are adult!!! i honestly dont have what they are asking but they keep asking. im going to have to go up there personally with a lawyer!!! the US embassy said to show them that letter and with the blood test we took should be enough since in order for him to start the born abroad process he needed to sign Form DS 5507, Affidavit of Parentage, Physical Presence and Support. without signing that document he wouldnt be able to have started the process for me!!!
Jackolantern
Registered Users (C)
If you go there with a lawyer, don't bring the passport. If you show it to them they might try to physically take it from you. Only bring a copy of the picture and name pages if you want to show them something from the passport.im going to have to go up there personally with a lawyer!!!
And now that your father is back, hurry up and get his help to apply for the N-600.
One way or another I think you'll have to talk to the passport office. You should also start the N-600 application. Perhaps in the end you end up solving your problem quicker with the N-600 than with the passport office. Your best hope is that they accept some other proof of your father's support until you turned 18.
updates...
I applied like everyone recommended for the N-600 beginning of may.. I just received a letter today in the mail from uscis to come in nov 10th.. they want me to bring all original documents including my dads original cert of citizenship and my dominican passport.. does anyone know if they'll give me the certificate that same day if i get approve?
I applied like everyone recommended for the N-600 beginning of may.. I just received a letter today in the mail from uscis to come in nov 10th.. they want me to bring all original documents including my dads original cert of citizenship and my dominican passport.. does anyone know if they'll give me the certificate that same day if i get approve?