Hello. I'm not sure where to post this question, but this seems to be the best place

O

OklahomaHoss

New Member
I am a natural born American citizen. In 1990, at the age of 19, I was stationed in the United Kingdom, where my girlfriend, a British citizen became pregnant with my child, who was born in December of that year.

I had been discharged from the US Air Force before his birth, and so I was back here in America when he was born.

Now, he is 18 years old (19 in six days), and we have reconnected, and he has come to America and is living here with me.

He initially decided to make this a six month visit, but loves the United States so much, that he feels he may very well like to stay here and become a citizen, get a job, go to school, and eventually start a family.

My question is this:

According to the USCIS website a child is automatically a US citizen if:

# At least one parent is a U.S. citizen or, if deceased, the parent was a U.S. citizen at the time of death.
# The U.S. citizen parent or his or her U.S. citizen parent has (or at the time of death had) been physically present in the United States or its outlying possessions for at least 5 years, at least two of which were after attaining the age of 14.
# The child is under the age of 18 years.
# The child is residing outside of the United States in the legal and physical custody of the U.S. citizen parent (or, if the citizen parent is deceased, an individual who does not object to the application).
# The child is temporarily present in the United States after having entered lawfully and is maintaining lawful status in the United States.

The first 2 points are met easily. But in regards to the third, he is not under 18. He IS 18. Soon to be 19. And in regards to point 4, since he is over 18, he is an adult as far as american law is concerned, so custody is a non-issue.


At this point, since he is over 18, what does the citizenship process entail?

If there are some forms that I can fill out and send in to the USCIS, which forms would I need?

Please help, and thank you very much.
 
The way I see it, your son is not a US citizen because he is over 18. You can apply for a green card on his behalf and it should be a straightforward case.
File I-130 and I-485 petitions, apply for EAD and he may stay and work in US while the case is being considered.
This site has step by step instructions for the required forms:
http://www.immihelp.com/forms/i-130-petition-for-alien-relative.html

I hope your son did not overstay his visa, otherwise it may complicate things a bit.
 
First, thanks very much to both of you for responding so quickly.

Has no overstayed his visa, as he has only been here for about two weeks.

By the way, I did find this information posted as well, but I dont really know what to make of it (although I think it only pertains to children under 18 years old)

"An American who has a child born outside the US should contact the nearest US embassy or consulate as soon as possible, to request an application for a Consular Report of Birth Abroad. This form needs to be filled out by both parents and returned with payment (check with the consulate in advance to be sure what the current fee is and what forms of payment will be accepted), as well as supporting documents including parents' birth certificates, marriage certificate, passports, and the child's own birth certificate. For the supporting documents to be returned, you must enclose sufficient local postage for registered mail (ask the consulate for the required amount), or else bring everything in person to the consulate (in which case they will prepare the certificate while you wait; expect the process to take about an hour).

Note, once again, that a child born abroad under these circumstances is a US citizen by birth (in addition to possibly being a citizen of the country of birth). The "consular report of birth abroad" is not a bestowal of US citizenship, but simply an acknowledgment of same.

Even if a child born outside the US to an American parent or parents does not qualify for US citizenship at birth, the child can frequently become a US citizen fairly easily -- especially if the family moves to the US -- on account of the Child Citizenship Act of 2000. This may be good enough as having been born a citizen for most (though not all) purposes. "
 
You had to report his birth 18 years ago when he was born. Now he has to go through the I-130 to GC to 5 years wait to US citizenship route.
 
I tend to disagree with people who suggest he needs to go the Green Card route. If he was a citizen at birth he was a citizen at birth, the problem you have is about documenting this, most likely now this will involve an N600 application for a certificate of citizenship so he can then apply for a passport.
 
This has more details, but it seems like 3 and 4 could be a problem given your long separation from him.
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.
Click to expand...
 
Huracan said:
I tend to disagree with people who suggest he needs to go the Green Card route. If he was a citizen at birth he was a citizen at birth, the problem you have is about documenting this, most likely now this will involve an N600 application for a certificate of citizenship so he can then apply for a passport.
Click to expand...
However, it appears that he was NOT a citizen at birth, given the above quoted requirements and responsibilities imposed on the father for an out-of-wedlock birth.
 
Amazing guys - the info OK-Hoss would have spent a few hunderd bucks to get in about 2-3 weeks from attorneys, he could get the info in a day here on the board!
 
OklahomaHoss said:
So we need to go the Green Card route?
Click to expand...

I believe so. The US citizenship could've been obtained before your son turned 18 with the consent of his mother. Go thru the green card route, your son should be able to get it within 6 months. There is no wait for unmarried children (under 21) of US citizens.
 
With no proof of paternity when the child was under 18, the only route available now is GC sponsorship. You'll still need to supply evidence of "a bona vide relationship (real and established)" with your child along with the I-130.
 
If your name is not on the birth certificate they might expect you to prove the relationship, e.g. with a DNA test. However, it seems that DNA testing is voluntary. Here is a document:

http://www.uscis.gov/files/nativedocuments/OLUtelcon_103008.pdf

I don't think USCIS will issue a Green Card until you've proven the father/child relationship. I am not sure how much evidence is needed in this cases. Perhaps the family based Green Card forum will have more knowledgeable people in these areas.

Good luck.
 
Here's how the state department defines the evidence:

(2) A bona fide parent-child relationship exists or has existed while the
child was under the age of 21.
(Such a relationship exists or has existed when the father displays clearly
or has displayed clearly an active concern for the child's support,
instruction, and welfare. Documents to manifest this concern may
include (but are not limited to) the child's birth certificate, local civil
records, affidavits from knowledgeable persons, and evidence of financial
support. DHS may require blood tests from the petitioner, beneficiary,
and the beneficiary's mother.)

http://www.state.gov/documents/organization/88018.pdf

If the father never supported the child and wasn't in contact with him all these years it may be impossible to prove a bona vide relationship. From what the OP mentioned, he only recently reconnected and didn't have a relationship with his son all these years.
 
Bobsmyth. I wasn't aware of all the requirements, thanks for pasting it. Nevertheless I kind of figured out that the original poster hasn't had any relationship with his alleged son in all these years, that's why I suggested that DNA testing might be required to prove the relationship to USCIS, even if USCIS cannot order it. However, this is an area I am not familiar with. From the point of view of USCIS I would understand the position. Otherwise someone could start a business of immigrating young adults claiming to be sons or daughters fraudulently.
 
Huracan said:
Bobsmyth. I wasn't aware of all the requirements, thanks for pasting it. Nevertheless I kind of figured out that the original poster hasn't had any relationship with his alleged son in all these years, that's why I suggested that DNA testing might be required to prove the relationship to USCIS, even if USCIS cannot order it. However, this is an area I am not familiar with. From the point of view of USCIS I would understand the position. Otherwise someone could start a business of immigrating young adults claiming to be sons or daughters fraudulently.
Click to expand...

A DNA test in itself may not be enough. Bona vide relationship means real and existing. The DNA test may cover the real part, but the OP would still need evidence of an existing relationship.
 
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