Two possibilities to derivative citizenship or none??

[mick5]

I am a German citizen living in the US on a work visa and would like to find out if I there is a chance that I might have gained US citizenship through either my born US citizen Father or my naturalized Mother.

I was born 1969 to a US born Citizen Father stationed with the armed forces in Germany and to a Stateless mother. (Displaced person after WWII). I was born out of wedlock and not legitimated by the father since he was deployed to Vietnam just before I was born. He could not be added to the birth certificate at the time due to absence in order to satisfy German legitimation law. The relationship later broke between the parents. I remained stateless until age 25.

In 1975 (age 5) I moved to the US with my mother where I went to school, and we were both living as LPR. In 1981(age 11) my mother sent me to attend school in Germany where I stayed with my uncle. This was only a temporary solution to get an education since the US Father could not provide sufficient child support.

My mother naturalized in 1982 a good year after I left for school overseas. She still lives here to date. I could not come back until 1988 at age 19 when completing my studies.

On reentry to the US the CBP officer seized my Green Card however let me enter the country as tourist. They filled out a form 407 (have a copy) which was never signed by me as required nor was I offered a hearing to explain my case. Ever since I have been living in Germany with my Parents being US Citizens. At the moment I am only here on a 5 year work Visa

I am currently evaluating if I am not a US Citizen already through:

• My mother. I was born out of wedlock and not legitimized. I had begun to live as LPR (for more than 5 years) before the age of 18. Despite the fact that the green card was revoked at age 19 I was still considered an LPR at the time my mother naturalized. I had been overseas to visit school with every intent to return. I understand that it does not matter in which sequence the events had taken place as long as I had been an LPR at any point in time before age 18.
• Or my father. He is a born US Citizen and fulfills the 10 year presence requirement. Legitimation was missing because he was sent to Vietnam. I understand alternative methods for legitimation can be used due to my birthdate. I do have an offer from the US Army Advocate in which my Father states to provide a small amount of child support. I also have dozens of mail correspondence where the father clearly states to marry my mother and clearly acknowledges me as his son. Further correspondence acknowledging paternity is also available from his parents.

Does anyone with experience with these old immigration laws see any realistic chance to make a case for citizenship? Appreciate your answers.

 

[newacct]

The Foreign Affairs Manual and ILRC citizenship charts would probably be the most detailed resources.

Birth out of wedlock to an American father is governed by INA 309(a). Since you were between 15 and 18 in 1986, you can choose to use either the "new INA 309(a)" or the "old INA 309(a)" (see 8 FAM 301.7-5). See 8 FAM 301.7-10(C) for the "new INA 309(a)" and 8 FAM 301.7-10(D) for the "old INA 309(a)". The new INA 309(a) requires the father's written statement to support the child until 18, and one of the following before the child turns 18: legitimation according to the law of the child's domicile, acknowledgement by the father, or determination of paternity by a competent court. There is no substitute for the father's statement of support unless the father dies before the child turns 18. The old INA 309(a) does not require a statement of support, allows legitimation up to age 21, and allows legitimation according to laws of either the father's or the child's domicile, but provides no alternative to legitimation. I don't know if you would qualify under either of these.

Derivative citizenship might be under former INA 320(a) (as one parent was a US citizen at the time of your birth and the other parent naturalized while you were under 18; I am not sure if it counts in your case where your father wasn't in your life; see 8 FAM 301.9-9(A)), or under former INA 321 (as you were born out of wedlock, never naturalized, and your mother naturalized while you were under 18; see 8 FAM 301.9-9(C)). In both cases, it requires that either you were residing in the US as an LPR at the time of your mother's naturalization, or after you naturalization, you began residing in the US before you turned 18. I don't think you meet either of these as the only time you were residing in the US before you turned 18 was before your mother's naturalization.