I agree with Jackolantern. Unless you don't have another form of ID you should probably not have shown your DR passport. Anyway, originals are returned, usually in a separate mailing from the passport. Given your circumstances it might be good to apply for N-600 and try to expedite it if possible to see if you could get it done before you turn 21. Anyway, good luck with your passport I hope it gets approved without problem.
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Do i qualify for USA citizenship through parent?
- Thread starter locod64
- Start date
ok, got a letter today asking for an affidavit of my dad's where abouts for at-least five years before my birth? how do i go about putting it together? do i just mail them originals or they want copies?
the letter was to simple and didn't specified what exactly i could send. any ideas from someone that has done this before. thanks
the letter was to simple and didn't specified what exactly i could send. any ideas from someone that has done this before. thanks
ok, got a letter today asking for an affidavit of my dad's where abouts for at-least five years before my birth? how do i go about putting it together? do i just mail them originals or they want copies?
the letter was to simple and didn't specified what exactly i could send. any ideas from someone that has done this before. thanks
You need to establish that your father had lived in the U.S. for at least 5 years before your birth, with at least two of those years after the age 14.
If your father went to high school and college in the U.S., then he should be able to get school transcripts and they would probably count as sufficient proof.
If he did not go to school in the U.S., he'd need to dig up some other documents such as old medical records, W-2s, mortgage/rental documents, tax returns or property tax documents, maybe old bank and credit card statements, etc.
I think copies should be sufficient since, except for the naturalization certificate, the State Department usually does not return the originals.
Jackolantern
Registered Users (C)
The 5 years of living in the US for which your father has to provide proof doesn't have to be the last 5 years before your birth, nor do they have to be 5 consecutive years. It just has to be a total of 5 years that occurred before your birth, including 2 years after his 14th birthday.ok, got a letter today asking for an affidavit of my dad's where abouts for at-least five years before my birth? how do i go about putting it together?
Service in the US military (whether inside or outside the US) counts as being in the US for the purpose of satisfying this 5-year requirement, so his military records can be used for this.
If you can gather up more than 5 years of proof, do that, so if they think the proof for a year here and there is not good they can still see 5 other solid years somewhere.
hello
Hello. I really found this conversation interesting as I have a pretty similar case.
I was also born in the Dominican Republic, my dad is also a U.S. Citizen and my mother is a Dominican Citizen. My dad acquired his citizenship through naturalization in the early 1970's. I am 18 years old ( just turned 18 this past December). I have been to the U.S. a couple of times under a B1/B2 visa and recently just got back from a year abroad to the U.S. with a J-1 visa. I didn't know I could be a U.S. Citizen until this past September when I started looking for more information. I tried filing a Consular Report of Birth Abroad before turning 18 but it was too late as the process takes up to 3 months of processing and I was going to be 18 soon so the people at the embassy told me I would have to file as an adult. Now, what I found really interesting in this topic is that I can file for a U.S. passport but I thought that in order for me to file for a passport I would need to show proof of U.S. Citizenship. I did some research and I now understand the process. I was born out-of-wedlock and my parents never marry.
I think I have exactly the same case as ''locod64'' but what would be the best to do?
Also I have a question: I currently hold a B1/B2 visa, If I enter the U.S. under that visa and go to a US Post office with the required documentation to apply for a passport as locod64 did, wouldn't that be a problem?
Hello. I really found this conversation interesting as I have a pretty similar case.
I was also born in the Dominican Republic, my dad is also a U.S. Citizen and my mother is a Dominican Citizen. My dad acquired his citizenship through naturalization in the early 1970's. I am 18 years old ( just turned 18 this past December). I have been to the U.S. a couple of times under a B1/B2 visa and recently just got back from a year abroad to the U.S. with a J-1 visa. I didn't know I could be a U.S. Citizen until this past September when I started looking for more information. I tried filing a Consular Report of Birth Abroad before turning 18 but it was too late as the process takes up to 3 months of processing and I was going to be 18 soon so the people at the embassy told me I would have to file as an adult. Now, what I found really interesting in this topic is that I can file for a U.S. passport but I thought that in order for me to file for a passport I would need to show proof of U.S. Citizenship. I did some research and I now understand the process. I was born out-of-wedlock and my parents never marry.
I think I have exactly the same case as ''locod64'' but what would be the best to do?
Also I have a question: I currently hold a B1/B2 visa, If I enter the U.S. under that visa and go to a US Post office with the required documentation to apply for a passport as locod64 did, wouldn't that be a problem?
Hello. I really found this conversation interesting as I have a pretty similar case.
I was also born in the Dominican Republic, my dad is also a U.S. Citizen and my mother is a Dominican Citizen. My dad acquired his citizenship through naturalization in the early 1970's. I am 18 years old ( just turned 18 this past December). I have been to the U.S. a couple of times under a B1/B2 visa and recently just got back from a year abroad to the U.S. with a J-1 visa. I didn't know I could be a U.S. Citizen until this past September when I started looking for more information. I tried filing a Consular Report of Birth Abroad before turning 18 but it was too late as the process takes up to 3 months of processing and I was going to be 18 soon so the people at the embassy told me I would have to file as an adult. Now, what I found really interesting in this topic is that I can file for a U.S. passport but I thought that in order for me to file for a passport I would need to show proof of U.S. Citizenship. I did some research and I now understand the process. I was born out-of-wedlock and my parents never marry.
I think I have exactly the same case as ''locod64'' but what would be the best to do?
Also I have a question: I currently hold a B1/B2 visa, If I enter the U.S. under that visa and go to a US Post office with the required documentation to apply for a passport as locod64 did, wouldn't that be a problem?
Actually, your case is not the same as that of ''locod64'' since you never obtained a green card before turning 18 and thus you are not eligible for derivative citizenship under the Child Citizenship Act. My understanding is that you are currently not a U.S. citizen and are not eligible for a U.S. passport and similarly are not eligible for an N-400. I think the only option currently open to you is to apply for a green card, if your father lives in the U.S. and sponsors your I-130 application. If you apply before turning 21, you are not subject to a quota and do not have to wait for a visa number to become available. So you should be able to file for adjustment of status as soon as your I-130 is approved. However, since you were born out of wedlock, you have to double-check what the rules for I-130 are in such cases before filing. Perhaps they'd need to see a proof that your father had legal custody of you before you turned 18 or some proof that you were legitimized or something of the sort.
Thanks for the quick reply baikal3.
As I read here locod64 is not a U.S. Citizen and he didn't have a green card either. He basically applied for a U.S. passport being a citizen from another country. Also if Im not mistaken his parents were never married either, in that case since mine were never married too, I have read that there must be a blood relationship between me and my father.
As I read here locod64 is not a U.S. Citizen and he didn't have a green card either. He basically applied for a U.S. passport being a citizen from another country. Also if Im not mistaken his parents were never married either, in that case since mine were never married too, I have read that there must be a blood relationship between me and my father.
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Jackolantern
Registered Users (C)
Locod64 never got a green card and isn't trying to qualify under the Child Citizenship Act either, he's trying to establish citizenship at birth based on having a parent who was a citizen before his birth. So in fact, czar91 has a very similar case.Actually, your case is not the same as that of ''locod64'' since you never obtained a green card before turning 18 and thus you are not eligible for derivative citizenship under the Child Citizenship Act.
Instead of trying for the Consular Report of Birth Abroad, czar91 should gather up the necessary evidence (father's naturalization certificate, proof of the father living in the US for 5 years before the birth, etc.) and apply for a US passport at the consulate based on citizenship acquired at birth under INA Section 301(g) and 309(a).
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.
I have a Passport Application Form right here and I'm going to copy/paste what it says about persons claiming U.S. Citizenship born abroad to U.S. Citizen parent/parents.
-------------------------------------------------------
b. APPLICANTS BORN OUTSIDE THE UNITED STATES: Submit a previous U.S. passport, Certificate of Naturalization, Certificate of Citizenship, Report of Birth
Abroad, or evidence described below.
1) If You Claim Citizenship Through Naturalization Of Parent(s): Submit the Certificate(s) of Naturalization of your parent(s), your foreign birth certificate,
and proof of your admission to the United States for permanent residence.
2) If You Claim Citizenship Through Birth Abroad To One U.S. Citizen Parent: Submit a Consular Report of Birth (Form FS–240), Certification of Birth (Form
DS–1350 or FS–545), or your foreign birth certificate, proof of citizenship of your parent, your parents’ marriage certificate, and an affidavit showing
all of your U.S. citizen parent’s periods and places of residence/physical presence in the United States and abroad before your birth.
3) If You Claim Citizenship Through Birth Abroad To Two U.S. Citizen Parents: Submit a Consular Report of Birth (Form FS–240), Certification of Birth (Form
DS–1350 or FS–545), or your foreign birth certificate, parents’ marriage certificate, proof of your parents’ citizenship, and an affidavit showing all of
your U.S. citizen parents’ periods and places of residence/physical presence in the United States and abroad before your birth.
4) If You Claim Citizenship Through Adoption by a U.S. Citizen Parent(s): Submit evidence of your permanent residence status, full and final adoption, and
your U.S. citizen parent(s) evidence of legal and physical custody.
------------------------------------------------------
If i'm not mistaken option number ''2'' is the one which I should file. Now, it asks me for my parents’ marriage certificate which I don't have since they were never married. In that case, I think I should have a blood test taken at an approved USCIS agency as locod64 did since his parents were never married either. Am I right in this case?
-------------------------------------------------------
b. APPLICANTS BORN OUTSIDE THE UNITED STATES: Submit a previous U.S. passport, Certificate of Naturalization, Certificate of Citizenship, Report of Birth
Abroad, or evidence described below.
1) If You Claim Citizenship Through Naturalization Of Parent(s): Submit the Certificate(s) of Naturalization of your parent(s), your foreign birth certificate,
and proof of your admission to the United States for permanent residence.
2) If You Claim Citizenship Through Birth Abroad To One U.S. Citizen Parent: Submit a Consular Report of Birth (Form FS–240), Certification of Birth (Form
DS–1350 or FS–545), or your foreign birth certificate, proof of citizenship of your parent, your parents’ marriage certificate, and an affidavit showing
all of your U.S. citizen parent’s periods and places of residence/physical presence in the United States and abroad before your birth.
3) If You Claim Citizenship Through Birth Abroad To Two U.S. Citizen Parents: Submit a Consular Report of Birth (Form FS–240), Certification of Birth (Form
DS–1350 or FS–545), or your foreign birth certificate, parents’ marriage certificate, proof of your parents’ citizenship, and an affidavit showing all of
your U.S. citizen parents’ periods and places of residence/physical presence in the United States and abroad before your birth.
4) If You Claim Citizenship Through Adoption by a U.S. Citizen Parent(s): Submit evidence of your permanent residence status, full and final adoption, and
your U.S. citizen parent(s) evidence of legal and physical custody.
------------------------------------------------------
If i'm not mistaken option number ''2'' is the one which I should file. Now, it asks me for my parents’ marriage certificate which I don't have since they were never married. In that case, I think I should have a blood test taken at an approved USCIS agency as locod64 did since his parents were never married either. Am I right in this case?
Jackolantern
Registered Users (C)
The DNA test isn't absolutely required. If your father is on your birth certificate, you can apply without the test and then they will ask for the test if they have doubts about him being your biological father. If you present enough evidence of your father being heavily involved with raising you (especially if he raised you by himself), that is often enough to convince them without the test. But you could still go ahead and get the test done up front in order to avoid them requesting it later and delaying your application.
In your case the marriage certificate is not applicable.
In your case the marriage certificate is not applicable.
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czar91, sorry, it was my bad, it does look like you may qualify for U.S. citizenship at birth, since your father was a U.S. citizen at the time you were born. What jackolantern wrote is correct; I don't think a DNA test is absolutely required in your case, although it can't hurt to have one.
Since you are already in the U.S. at the moment, you may apply for a U.S. passport here, at a passport application center at a post office; or you could try filing N-600 to get a certificate of citizenship (although passport applications are generally processed faster).
Since you were born out of wedlock, you do need to check that the conditions listed in Jackolantern's first post are satisfied in your case. Additionally, I think you still need to provide evidence that your father had lived in the U.S. for at least 5 years (in any status) prior to your birth, with at least two years after he turned 14.
Since you are already in the U.S. at the moment, you may apply for a U.S. passport here, at a passport application center at a post office; or you could try filing N-600 to get a certificate of citizenship (although passport applications are generally processed faster).
Since you were born out of wedlock, you do need to check that the conditions listed in Jackolantern's first post are satisfied in your case. Additionally, I think you still need to provide evidence that your father had lived in the U.S. for at least 5 years (in any status) prior to your birth, with at least two years after he turned 14.
Correction, I'm not in the United States at the moment and that's basically why I asked the question on the first hand. I wanted to know if entering the U.S. with my B1/B2 visa I could do that process. Jackolantern, yes my dad is in my birth certificate and as proof of my relationship with him I could turn in some pictures I have from him holding me when I was a baby with my mom and throughout the years. He has also sent money in the past but I don't have the receipts stating that my mom received the money but I guess I should get in contact with the company to see if they can get copies of the receipts.
Jackolantern
Registered Users (C)
I know you're not in the US, that's why I said to apply again at the consulate, using Section 301(g) and 309(a) instead of the Consular Report of Birth Abroad.Correction, I'm not in the United States at the moment and that's basically why I asked the question on the first hand.
Given that you have already attempted to establish US citizenship at the consulate, they might not let you enter the US with the B1/B2. But you could try.I wanted to know if entering the U.S. with my B1/B2 visa I could do that process.
Are you saying you didn't live with your father for any period of time? And there was no legally formalized child support arrangement? If that's true, your case isn't so strong. Locod64's case is much stronger, because his father had full custody granted by the court, and actually raised him through his entire childhood.Jackolantern, yes my dad is in my birth certificate and as proof of my relationship with him I could turn in some pictures I have from him holding me when I was a baby with my mom and throughout the years. He has also sent money in the past but I don't have the receipts stating that my mom received the money but I guess I should get in contact with the company to see if they can get copies of the receipts.
And those old pictures won't help. They don't know that the baby or child is you. Strong evidence would be documents showing that you lived at the same address with him for years, and/or court documents showing him having custody (partial or full). If you don't have that, make sure to get the DNA test.
Fortunately, you are young enough so you have plenty of time to get a green card as an under-21 child of a US citizen, if you can't establish US citizenship. That's assuming your father is in the US (including US territory like Puerto Rico or Virgin Islands) and is willing to file for you.
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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
Mr.
hello: I am familiar with a number of citizens who had children born abroad. Some of them born out of wedlock; others in bona fide marriage:
First case: If you are born to a US citizen parent ( one of the parents or both) in a foreign country, you became automatically citizen: if the child was born in marriage and if the parents report the birth and provide birth certificate with the consular of the country of birth. The consular staff find the paperwork credible, the child becomes a citizen and they issue passport.
The second case: whether your are born in wedlock or out of weddlock, at any point before 21 birthday, us citizens can claim their children, and DNA is the standard. If DNA stublishes parental relationship, then the child derives whatever status he/she is elligible.
For you to be born to US citizen abroad, showing up in the US without inspection and applying for a passport, that is a big leap. If the people who process your application issue a passport, you are lucky; if they discover that you are illegal here, you are in big trouble. It was in my opinion a wishful thinking to do that. Also claiming to be a US citizen is big trouble in itself....We will see what happens...
Correction, I'm not in the United States at the moment and that's basically why I asked the question on the first hand. I wanted to know if entering the U.S. with my B1/B2 visa I could do that process. Jackolantern, yes my dad is in my birth certificate and as proof of my relationship with him I could turn in some pictures I have from him holding me when I was a baby with my mom and throughout the years. He has also sent money in the past but I don't have the receipts stating that my mom received the money but I guess I should get in contact with the company to see if they can get copies of the receipts.
In your case, your father needs to petition for you while you are abroad. The consular where you live needs to deal with your case. Whatever you documents you have, they will order DNA. I have a case right now like your situation. and the person is just waiting for the visa issuance. If you come here on visa, most likely you will have some months, and the process takes at least a year. and they don't even the facilities to process case like this. Consalurs in foreign countries deal with these issues....If you want to become a us citizen, tell your father to petition for you while you are in your country...it is ganna take about a year...
Jackolantern
Registered Users (C)
If the consulate agrees that czar91 established citizenship at birth, they will issue a US passport and the father filing a petition is unnecessary.In your case, your father needs to petition for you while you are abroad. The consular where you live needs to deal with your case. Whatever you documents you have, they will order DNA. I have a case right now like your situation. and the person is just waiting for the visa issuance. If you come here on visa, most likely you will have some months, and the process takes at least a year. and they don't even the facilities to process case like this. Consalurs in foreign countries deal with these issues....If you want to become a us citizen, tell your father to petition for you while you are in your country...it is ganna take about a year...
Jackolantern
Registered Users (C)
It is not wishful thinking. If you read through the entire thread, you'll see that Locod64 has a very strong claim to having obtained US citizenship at birth. I would be very surprised if they didn't issue the passport.For you to be born to US citizen abroad, showing up in the US without inspection and applying for a passport, that is a big leap. If the people who process your application issue a passport, you are lucky; if they discover that you are illegal here, you are in big trouble. It was in my opinion a wishful thinking to do that.