N600 or DNA test for citizenship?

T

Tony435

New Member
Hi forum members,

I'm hoping someone here can help shed light on my situation regarding applying for US citizenship. After reviewing information available online, I'm still not sure which is the best way for me to file for citizenship. Any advise would be much appreciated!

My case:
27 years old, both biological parents were US citizens at the time I was conceived (they still are). However, my biological mother gave birth to me in a foreign country, and I had other relatives (not US citizens) registered me as their own child in my birth certificate. On file, I have no ties to both biological parents.

Currently I'm here in the US under a student visa. I'm working with my biological father to attain my US citizenship, but not sure how the illegitimate birth certificate will play a role. We don't want to get anyone in trouble, especially the relatives who took me in as their child on paper 27 yrs ago.

Would a DNA test from an accredited source suffice in proving my biological ties, and hence enable me to attain citizenship? Has anyone heard of a similar situation where a child's birth certificate does not contain the name of any of their biological parents?

Again, any input would be much appreciated!
 
Theoretically, blood relationship is what matters, and so if it can be conclusively established that they are your biological parents, then it should trump what it says on the birth certificate. A DNA test will probably be needed. Ideally your mother should also try to find documentation from her pregnancy and prenatal care, and proof about when she was in the foreign country, etc. to support the case that she had you.
 
Thanks for your reply. Unfortunately my biological mother doesnt want to be part of the picture. I'm assuming no documentation ever existed that she was pregnent here in the states. Her travel record should exist, but I might not be able to get my hands on it. Would this work with only the paternal-child DNA test? Ultimately, should I file an N600 w/o my birth certificate, but include the DNA test results instead?
 
Tony435 said:
Thanks for your reply. Unfortunately my biological mother doesnt want to be part of the picture. I'm assuming no documentation ever existed that she was pregnent here in the states. Her travel record should exist, but I might not be able to get my hands on it. Would this work with only the paternal-child DNA test? Ultimately, should I file an N600 w/o my birth certificate, but include the DNA test results instead?
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With only the father relationship may not be enough. The thing is, if it is only established that your father is your biological father, but not that your mother is your biological mother, then for all they know you were born out of wedlock to a foreign woman and your father. The rules for transmission of citizenship for a child born out of wedlock to an American father requires that your father must have done certain things before you were 18, including: 1) him having agreed in writing to support you until 18, 2) requiring that either you were legitimized, your father acknowledged your paternity under oath, or your paternity was determined by a court. I doubt that all these requirements were met when you were under 18.

I am not sure what you would include with an N-600 or passport application in a case like this. You certainly would need to include some kind of cover letter to explain the situation. But I think a birth certificate should still be included, or alternately some kind of affidavit of non-availability of birth certificate, because it establishes the time and place of your birth. I am not sure whether you would proactively do a DNA test, or wait for them to ask for it, because maybe they require it be done in a certain place.
 
I see, that makes sense. Looks like my prognosis is quite poor, unless I could get my biological mother involved. Anyways thanks a bunch for your help!
 
You'll risk being deported for using a fraudulent birth certificate, especially if that birth certificate was used to obtain a US visa. You'll have to convince them that you didn't know and could not reasonably have known that the people listed on your birth certificate weren't your birth parents; that could include giving proof that you were raised by them and not your bio parents.

Note that even if you get past the birth certificate issue, you still have to prove that your parents lived in the US before your birth for the required amount of time (depending on their marital status).
 
Hi everyone sorry if I post on here. My online status changed to oath ceremony notice mailed. It seems like it takes 30 days to receive it. Do any of you know if I call the 1800 # for uscis they can let me know when it is scheduled for?
 
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