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Filing I130 for the F3 category
- Thread starter sonibago
- Start date
The answer is yes, but it must be shown that you either, legitimated the son OR has a "bona fide parent-child relationship" when he was a child. Depending on YOUR status at the time of HIS birth and actions YOU took before he got too old....there is always a chance that he is a US Citizen himself.
INA 101
(b) As used in titles I and II- [this is for an immigrant visa, a claim to citizenship is more intensive]
(1) The term "child" means an unmarried person under twenty-one years of age who is
(C) a child legitimated under the law of the child's residence or domicile, or under the law of the father's residence or domicile, whether in or outside the United States, if such legitimation takes place before the child reaches the age of eighteen years and the child is in the legal custody of the legitimating parent or parents at the time of such legitimation;
(D) a child born out of wedlock, by, through whom, or on whose behalf a status, privilege, or benefit is sought by virtue of the relationship of the child to its natural mother or to its natural father if the father has or had a bona fide parent-child relationship with the person;
INA 309
(a) 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- [depending on when he was born it may have been up to age 21]
(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.
(b) Except as otherwise provided in section 405, the provisions of section 301(g) shall apply to a child born out of wedlock on or after January 13, 1941, and before December 24, 1952, as of the date of birth, if the paternity of such child is established at any time while such child is under the age of twenty-one years by legitimation.
INA 301 [this is the USC parent's physical presence/residence in the U.S. requirement to be able to transmit citizenship to a child born abroad, again this anount of time and the parent's age has changed over the years so, it in doubt...see a lawyer. (Also, time spent abroad in government service or a as a "military brat" counts.]
(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 1 of the International Organizations Immunities Act (59 Stat. 669; 22 U.S.C. 288) by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 1 of the International Organizations Immunities Act, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; and
INA 101
(b) As used in titles I and II- [this is for an immigrant visa, a claim to citizenship is more intensive]
(1) The term "child" means an unmarried person under twenty-one years of age who is
(C) a child legitimated under the law of the child's residence or domicile, or under the law of the father's residence or domicile, whether in or outside the United States, if such legitimation takes place before the child reaches the age of eighteen years and the child is in the legal custody of the legitimating parent or parents at the time of such legitimation;
(D) a child born out of wedlock, by, through whom, or on whose behalf a status, privilege, or benefit is sought by virtue of the relationship of the child to its natural mother or to its natural father if the father has or had a bona fide parent-child relationship with the person;
INA 309
(a) 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- [depending on when he was born it may have been up to age 21]
(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.
(b) Except as otherwise provided in section 405, the provisions of section 301(g) shall apply to a child born out of wedlock on or after January 13, 1941, and before December 24, 1952, as of the date of birth, if the paternity of such child is established at any time while such child is under the age of twenty-one years by legitimation.
INA 301 [this is the USC parent's physical presence/residence in the U.S. requirement to be able to transmit citizenship to a child born abroad, again this anount of time and the parent's age has changed over the years so, it in doubt...see a lawyer. (Also, time spent abroad in government service or a as a "military brat" counts.]
(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 1 of the International Organizations Immunities Act (59 Stat. 669; 22 U.S.C. 288) by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 1 of the International Organizations Immunities Act, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; and
If he might be a USC, he should apply to a U.S. Consulate/Embassy for a U.S. Passport.
IF he is not a USC, then you file form I-130 with specific evidence as described therein. He would be in the F3 category as you know and he will have to wait for the priority date (filing date of the I-130) to become current on the Visa Bulletin.
His spouse and unmarried minor children can come with him. His older kids could age out of a visa. As his priority date approaches, you will be required to submit the I-864 and financial documentation. Keeo contact information with NVC up to date.
IF he is not a USC, then you file form I-130 with specific evidence as described therein. He would be in the F3 category as you know and he will have to wait for the priority date (filing date of the I-130) to become current on the Visa Bulletin.
His spouse and unmarried minor children can come with him. His older kids could age out of a visa. As his priority date approaches, you will be required to submit the I-864 and financial documentation. Keeo contact information with NVC up to date.