Need help, new to this, apply for green card for son under 21, unmarried already in the U.S

[melky]

Hi there, I'm just trying to help someone.
my nephew that is 15 years old, came here with a Visitor's visa to visit his Father, Father is a U.S Citizen born and raised in the U.S. He's been living with his Father for a year, going to school in in the U.S.
my nephew wants to get his papers in order, so he can work part time and feel normal but his dad all he says is, "if I'm a U.S Citizen my son is a U.S citizen too so everything is fine, he doesn't have the initiative to start the process or anything. I told him that I would find out what to do and all that.
so, I'm starting here. once again the Father is a U.S Citizen, Son is a citizen of Costa Rica, Son came with a visitor's visa and wants to know what to do. Since the father is an American Citizen but I mean "American" he doesn't really think or care about starting anything, he thinks his son is ok the way he is.
the mother lives in Costa Rica and she sent his son because the father said, just send him so he can study and stay here and I will fix his "papers" but it's been one year and nothing. other important facts are.
the mother and father were never married, they were just dating many years ago when the mother was living here for a couple of years, she got pregnat and moved back to Costa Rica with the kid, she had the kid in Costa Rica without a father's name, then she came here to the U.S with the kid when the kid was around 5 years old, she put child support to the father, got a parental test and he started paying child support and then she went back to Costa Rica with the kid, she has proof that he is the father from the parental test, child support payments but that's about it, nothing else there is no passport or birth certificate that this is his father. now the kid came to visit him and stayed with him to live with him, the kid just came with a visitor's visa and the entry stamp has been expired for a few months already. Please help me in what simple steps does he have to take, once again, this guy thinks that everything is too easy or not even that important.

 

[newacct]

So first thing to figure out is whether the son became an American citizen at birth. According to http://travel.state.gov/law/citizenship/citizenship_5199.html, for children born to a U.S. citizen father out of wedlock to acquire U.S. citizenship at birth, the father must have agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and meet some other requirements. If the son meets all the requirements to have acquired U.S. citizenship at birth, he should go ahead and apply for a U.S. passport and/or a U.S. Certificate of Citizenship.

If it turns out the son did not acquire U.S. citizenship at birth, the father can probably apply for a green card and then citizenship for him through the normal immigration process, although it may be complicated by the fact he came in through a visitor's visa with intent to stay. You can worry about this case when you get there.

 

[Jackolantern]

When his son turns 16 and wants a driver's license and can't get one, the father will find out that's not so simple and everything is not fine until he does the necessary paperwork to get his son a US passport, citizenship certificate, or green card.

For his son to claim US citizenship at birth:

http://travel.state.gov/law/citizenship/citizenship_5199.html

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father – “New” Section 309(a)

A person born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) of the INA, as made applicable by the “new” Section 309(a) of the INA provided:

A blood relationship between the person and the father is established by clear and convincing evidence;

The father had the nationality of the United States at the time of the person’s birth;

The father was physically present in the United States or its outlying possessions prior to the child’s birth for five years, at least two of which were after reaching the age of 14.

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
While the person is under the age of 18 years --

the person is legitimated under the law of his/her residence or domicile,
the father acknowledges paternity of the person in writing under oath, or
the paternity of the person is established by adjudication of a competent court.​

 

[Nancy Mervin]

Important to note that individuals under the age of 18 years only could opt to have their claim determined in accordance with the provisions.

 

[newacct]

Important to note that individuals under the age of 18 years only could opt to have their claim determined in accordance with the provisions.

Not true. The son could claim citizenship from birth at any time. The father only needs to have acknowledged that this is his son while the son is under 18.