HELP: Citizen with INA 309

ManyM: can you answer the question about whether your father was naturalized or whether he was a citizen from birth? Former INA 321 only applies to parents who naturalized.
 
@newacct If OP’s father was a US citizen by birth living in the US, wouldn’t OP be a US citizen by birth as well per INA 301/309 regardless of his place of birth? why would his father need to petition him for a GC? Anyway, since OP will be getting an attorney, I’m sure he will figure it out
 
Fin said:
@newacct If OP’s father was a US citizen by birth living in the US, wouldn’t OP be a US citizen by birth as well per INA 301/309 regardless of his place of birth? why would his father need to petition him for a GC? Anyway, since OP will be getting an attorney, I’m sure he will figure it out
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Since the OP was born before 1986, if his father was a citizen at the time of his birth and his mother was a non-US-national, his father would have needed to have been physically present in the US for a cumulative total of 10 years before his birth, including 5 years after turning 14.
 
Joint custody is enough for a derived citizenship per Department of State.

To be honest, I think appying for a Certificate of Citizenship is a total waste of time, money, and headache.

Just get a US passport and update your status as a US citizen and USCIS can go kick rocks and we can careless about whether parents had a sole custody or not. Once Department of State honors you as a US citizen, USCIS will have no power to undo that decision. Only DOS will have that power.
 
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