Do i qualify for USA citizenship through parent?

[locod64]

hello everyone

Im 20yrs old and been in the USA since i was 10. my father who was and still is a USA citizen before my birth brought me to the united sates. the problem is we dont know if I qualify for legal statue within the USA.

about me
I was born in Dominican republic, so was my dad. the problem we are facing is, I never received a USA visa to enter the country, I had a Canadian visa which I used to go to Canada and drove in throw buffalo NY to the United States, they checked my passport and my dad's us passport but never gave me a paper saying i came in legally to prevent ewd. i think is called an I-90 (i might be wrong about the name)
anyways I been here ever since afraid to ask or apply for anything with the fear of deportation.
I try telling my dad to talk to an attorney but he is afraid they would send me back, (hispanic parents are always afraid of immigration lol) this legal stuff has never bother me until I enrolled in a university which now I cant afford since I dont get or qualify for any help. i been reading on here and founded some helpful information.
can someone point me to the right direction plz or at least tell me if qualify for anything thats legal.
thanks
if more info is needed i'll be glad to provided

 

[sunny808]

hello everyone

Im 20yrs old and been in the USA since i was 10. my father who was and still is a USA citizen before my birth brought me to the united sates. the problem is we dont know if I qualify for legal statue within the USA.

about me
I was born in Dominican republic, so was my dad. the problem we are facing is, I never received a USA visa to enter the country, I had a Canadian visa which I used to go to Canada and drove in throw buffalo NY to the United States, they checked my passport and my dad's us passport but never gave me a paper saying i came in legally to prevent ewd. i think is called an I-90 (i might be wrong about the name)
anyways I been here ever since afraid to ask or apply for anything with the fear of deportation.
I try telling my dad to talk to an attorney but he is afraid they would send me back, (hispanic parents are always afraid of immigration lol) this legal stuff has never bother me until I enrolled in a university which now I cant afford since I dont get or qualify for any help. i been reading on here and founded some helpful information.
can someone point me to the right direction plz or at least tell me if qualify for anything thats legal.
thanks
if more info is needed i'll be glad to provided

you need to check if any of the following circumstances apply to you to find out if you can get citizenship through your father --> http://bit.ly/c4Z3jK .

as far as proving lawful presence, you will have the burden to show that you were inspected at entry.

you shouldn't be afraid of seeing an attorney. anything you tell an attorney relating to your immigration status in the course of consultation is considered privileged information, and the attorney is bound by the rules of confidentiality.

 

[GungaDin]

you need to check if any of the following circumstances apply to you to find out if you can get citizenship through your father --> http://bit.ly/c4Z3jK .

as far as proving lawful presence, you will have the burden to show that you were inspected at entry.

you shouldn't be afraid of seeing an attorney. anything you tell an attorney relating to your immigration status in the course of consultation is considered privileged information, and the attorney is bound by the rules of confidentiality.

I think he came in uninspected and actually that is better as it means that he was never out of status. (Although, if he derived citizenship via his USC father, status is moot)
Uninspected does not mean illegal. It just means that you weren't given an I-94 (the arrival/departure record). No I-94 means no overstay.
As a Canadian Landed Immigrant I entered the US several times 'Uninspected' by road as at that time, commonwealth citizens who were also landed immigrants in Canada did not need a visa to enter the US. (9/11 put an end to that). We just got waved through...

 

[baikal3]

hello everyone

Im 20yrs old and been in the USA since i was 10. my father who was and still is a USA citizen before my birth brought me to the united sates. the problem is we dont know if I qualify for legal statue within the USA.

about me
I was born in Dominican republic, so was my dad. the problem we are facing is, I never received a USA visa to enter the country, I had a Canadian visa which I used to go to Canada and drove in throw buffalo NY to the United States, they checked my passport and my dad's us passport but never gave me a paper saying i came in legally to prevent ewd. i think is called an I-90 (i might be wrong about the name)
anyways I been here ever since afraid to ask or apply for anything with the fear of deportation.
I try telling my dad to talk to an attorney but he is afraid they would send me back, (hispanic parents are always afraid of immigration lol) this legal stuff has never bother me until I enrolled in a university which now I cant afford since I dont get or qualify for any help. i been reading on here and founded some helpful information.
can someone point me to the right direction plz or at least tell me if qualify for anything thats legal.
thanks
if more info is needed i'll be glad to provided

You need to talk to an immigration lawyer ASAP!!

It is possible that you are already a U.S. citizen by birth in which case you could get a certificate of citizenship from USCIS by filing form N-600
http://www.uscis.gov/portal/site/us...nnel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

As you say, your father was a U.S. citizen at the time of your birth. If he had lived in the U.S. for at least 5 years prior to your birth (in any status), it appears that you would qualify for automatic U.S. citizenship at birth (but you need to double-check it with a lawyer since the law changed several times over the years and what matters is what the law was at the time of your birth). Unfortunately, you are no longer eligible for getting a Consular Report of a Birth Abroad since you are now over 18.

Your father made a HUGE mistake by not dealing with this matter before you turned 18. Even if he had not lived in the U.S. for 5 years prior to your birth (and hence you were not a U.S. citizen by birth), you would still have been able to derive U.S. citizenship through your father if you got a green card before turning 18 years old, under the provisions of the Child Citizenship Act:
http://travel.state.gov/visa/immigrants/types/types_1312.html

Unfortunately, that ship has sailed as you are over 18 now.

If your father had not lived in the U.S. for 5 years prior to your birth (and hence you were not a U.S. citizen by birth), you still have ONE LAST chance of getting legal status in the U.S. quickly.

If you are unmarried AND under 21 years old, you are eligible for an immediate green card status if your father files an I-130 immigration petition with USCIS (I think it actually has to be approved before you turn 21).

If, however, you wait until you are 21, you lose such immediate eligibility. Then your father would still be able to sponsor you for a green card by filing I-130, but you would be subject to annual quotas and would have to wait around 6 years or longer before obtaining legal status.

Because for this option timing is critically important, you must talk to an immigration lawyer immediately, without any delay.

 

[Jackolantern]

I was born in Dominican republic, so was my dad. the problem we are facing is, I never received a USA visa to enter the country, I had a Canadian visa which I used to go to Canada and drove in throw buffalo NY to the United States, they checked my passport and my dad's us passport but never gave me a paper saying i came in legally to prevent ewd. i think is called an I-90 (i might be wrong about the name)

It's called I-94.

You had a Dominican Republic passport at the time, but didn't have a US visa, and they still let you in? That's strange. Do you still have that old passport? Did they stamp it with anything? Do you personally remember what happened when you entered the US?

I try telling my dad to talk to an attorney but he is afraid they would send me back, (hispanic parents are always afraid of immigration lol)

There is nothing to fear by seeing a private attorney (except for the cost!). Private attorneys don't work for USCIS, they work for you, and will not report you to the immigration authorities. If you have a couple hundred dollars of your own money, go and see the attorney for a one-time consultation on your own if your father won't help (then afterwards maybe you can beg him to give you back the money LOL).

How many months until you turn 21? Did your father live in the US for 5 years before your birth, including 2 years after his 14th birthday? Those 5 years can include time before he became a US citizen.

 

[Jackolantern]

I think he came in uninspected and actually that is better as it means that he was never out of status. (Although, if he derived citizenship via his USC father, status is moot)
Uninspected does not mean illegal. It just means that you weren't given an I-94 (the arrival/departure record). No I-94 means no overstay.

Wrong, wronger, wrongest!

Uninspected means you entered the US without permission from an officer at the port of entry, or you entered with permission based on falsified documents or making false statements. Uninspected means you are illegally present from the moment you entered, unless you are a US citizen.

The lack of being given an I-94 does not mean you have an unlimited stay in the US. While there is some gray area on how long a Canadian without an I-94 can stay, it surely doesn't mean multiple years. And the OP isn't a Canadian.

 

[sanjoseaug20]

To go back to the original question, is the OP a US citizen?
OP, can you please confirm - when did your father become USC? What passport do you hold?

 

[baikal3]

To go back to the original question, is the OP a US citizen?
OP, can you please confirm - when did your father become USC? What passport do you hold?

The OP stated in his initial post that his father was a U.S. citizen at the time of OP's birth.
What really matters is how long the OPs father had lived in the U.S. prior to OP's birth. Under the current law, the OP's father would have to have lived in the U.S. for at least 5 years prior to OP's birth, with at least two of those years after the OP's father's 14th birthday, in order for the OP to acquire U.S. citizenship at birth.

 

[locod64]

ok, my father received his us citizenship in the seventy's when he served in the Vietnam war, a good 20 years before my birth. I asked him about how many years he lived here before I was born and he said more than 15yrs.
my father hold both a USA passport and a Dominican republic one. I only have a Dominican republic one

I also do remember the day I came in to the USA from Canada, "GUNGADIN" what you say makes sense as they only checked my dads passport and barely looked at mine this happen prior 9/11. I did not get a I-94 or no stamp and yes I still have that old passport. im going to be turning 21 in June of this year.

well i'll have to save some money in order to talk to the attorney as all my money goes to school

so what should be my next move as June is coming up fast.

 

[sunny808]

ok, my father received his us citizenship in the seventy's when he served in the Vietnam war, a good 20 years before my birth. I asked him about how many years he lived here before I was born and he said more than 15yrs.
my father hold both a USA passport and a Dominican republic one. I only have a Dominican republic one

I also do remember the day I came in to the USA from Canada, "GUNGADIN" what you say makes sense as they only checked my dads passport and barely looked at mine this happen prior 9/11. I did not get a I-94 or no stamp and yes I still have that old passport. im going to be turning 21 in June of this year.

well i'll have to save some money in order to talk to the attorney as all my money goes to school

so what should be my next move as June is coming up fast.

locod64, what about your mom? what is her status and is/was she married to your father at the time of your birth?

 

[locod64]

no my parents never marry, and i have lived all my life with my dad. my mom was young at the time and not responsible, so my dad has custody over me. she still lives in the Dominican republic and is not a USA citizen or green card holder

 

[baikal3]

locod64,

Assuming that your information is correct (that your father was a U.S. citizen at the time of your birth and that he had lived in the U.S. for about 15 years prior to your birth), you most likely are a U.S. citizen by birth. The only other thing you have to check is that at the time of your birth your father and your mother were legally married. If yes, you should be able to get a certificate of citizenship by filing form N-600 with USCIS. You'll need to provide copies of

(1)your birth certificate;

(2) your parents marriage certificate,

(3) proof that your father had been a U.S. citizen at the time of your birth;

(4) proof that at the time of your birth your father had lived in the U.S. for at least 5 years, with at least 2 of those years after he turned 14 years old.

The last item may be tricky and your father needs to find (or obtain) copies of various old documents for those years, such as tax returns, mortgage statements or apartment/house rentals, W2 forms or some other employment data, utility bills, etc.

However, I very much suggest that you talk to an immigration lawyer now (borrow money if necessary, a consultation should cost a few hundred bucks) as you really need to be quite sure that you are in fact a citizen by birth.
If it turns out that you are not, or that there is a doubt, it'd probably be a good idea for your father to file I-130 immigration petition for you ASAP and to request expedited processing (since you are about to turn 21).

 

[baikal3]

If your parents were not legally married at the time of your birth, this may be a complicated case and you may or may not be a U.S. citizen by birth.
In order to qualify for citizenship by birth you'd need to satisfy the following conditions: http://www.vkblaw.com/law/dc.htm

"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 § 301(g) INA, as made applicable by § 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) had 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."

You really need to talk to an immigration lawyer ASAP (preferably together with your father) to find out if these conditions were satisfied in your case.

 

[sunny808]

locod64,
You need to consult with an immigration attorney as well as an attorney familiar with the laws of the Dominican Republic. as far as i see it, the issue is whether you are legitimated by your USC father either under the laws of the United States or the laws of the Dominican Republic. Legitimation essentially means that your father took legal steps to acknowledge paternity. Since it appears that your father had lived in the US and the Dominican Republic following your birth, the legitimation laws of either country will become relevant. An immigration attorney in your area will/should be familiar with the particular nuances of derivative citizenship laws in your jurisdication.

 

[sunny808]

locod64,
Barring derivative citizenship, as baikal3 mentioned, you need to speak to an attorney re: your green card options. However, bear in mind that you may not be able to adjust your status since you apparently entered without inspection. Furthermore, you may be barred from admission because of your more or less 10 year unlawful presence. I cannot emphasize enough that you should check with a competent attorney.

 

[locod64]

thanks for the help i will have to drag my father into an attorney's office. hopefully something can be done, as i really have no family or know none else in the Dominican republic other than my mom. thanks again

 

[locod64]

hello everyone my father and I finally talked to an immigration attorney here locally. he determine by the information and documents my dad presented to him that I received citizenship at birth since my dad meet all requirements before I was born and since my birth was out of wedlock I derived citizenship at birth. (good to know!!!) he recommended I apply for a us passport at a local post office, even though he knew i didn't have a green card and the way I enter the united states. he said it does it matter all I need to proof is that my dad is my legitimate father which is stated in my Dominican republic birth certificate and provide his naturalization papers and proof of us citizenship.
he also mention this is the first time he seen a case like mine. he also said my citizenship does not expire under my dad after i turn 21.
but my question is does this sound right? i mean about the passport instead of the N-600 form? and how long does it take to get a passport?

 

[Huracan]

That seems like excellent news! N-600 takes anywhere from six months to a year. You can get a passport (with routine processing) in about 4 weeks, a couple of weeks if you spend more money for an expedited application. If you were not in a hurry I would recommend you to try N-600 first, but in your case you should probably do the passport first and if you succeed then you can do N-600 for additional proof of citizenship.

 

[Jackolantern]

he said it does it matter all I need to proof is that my dad is my legitimate father which is stated in my Dominican republic birth certificate and provide his naturalization papers and proof of us citizenship.

Birth certificate is not sufficient. You have prove that your father actually got involved with raising you. Your father should get the custody papers for that. And proof that he lived in the US for the required number of years before your birth.

he also mention this is the first time he seen a case like mine.

So you need take his advice with a grain of salt. He hasn't advised you well about the high burden of proof in your situation.

he also said my citizenship does not expire under my dad after i turn 21.

That is true, but there are two possibilities being considered (and confused) here -- citizenship vs. green card.

The age-21 was brought because if you don't qualify for citizenship, you have to be under 21 to be eligible for green card as an Immediate Relative via your father's sponsorship. If you past 21 without submitting the green card paperwork, you'll have to leave the US for 10 years in order to regain eligibility to be sponsored for a green card by your father.

However, if you already obtained citizenship at birth or as a child, turning 21 won't make you lose citizenship or lose the right to claim citizenship.

but my question is does this sound right? i mean about the passport instead of the N-600 form? and how long does it take to get a passport?

The passport takes less than a month. But you have to make sure your case is well prepared with all the necessary documentation, since yours is not straightforward and probably will require review by several people in the DOS. You might even need a paternity test to satisfy #1.

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 § 301(g) INA, as made applicable by § 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) had 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.

 

[Huracan]

I thought that the 5 year rule didn't apply to this case as it was not explicitly mentioned in the department of state page on out of wedlock citizenship. However the page refers to 301(g) and 309(a). The 301(g) is the one that mentions the 5 years, and 309(a) is the one that allows the citizenship on an out of wedlock case.

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-9757.html

One can follow the link to 301(g) from this page.

I agree with Jackolantern about documenting the case properly. No need to do paternity test unless they ask, which they might do to establish the blood link.

Given the situation I am not sure whether it might be advisable to take several approaches before you turn 21. Start an application for Green Card, try an expedited passport and N-600 for good measure. The N-600 is really optional. Depending on when is your birthday you might afford to do the passport and N-600 concurrently and wait for the result. The passport approval or denial should happen in a few weeks. If neither department of state or USCIS (through N-600) recognizes you as a citizen your only other choice is to get a Green Card, that's why I'd suggest you to be prepared to apply for one if the citizenship path doesn't pan out. I don't think the lawyer is lying to you, but there is a burden of proof and I am not sure if he mentioned about the five years of physical presence of your father (any physical presence, i.e. even before he naturalized or got a green card).