US Citizenship by Decent Born out of Wedlock

[Pat Pancil]

My biological father is a US citizen served in the US Navy.
My biological mother got pregnant with me. They were not married.
MY biological father was unaware that he has a child (me). He went back to US after his tour of duty in Philippines.
No communication with my biological father.
My biological mother gave me for adoption.
Last month I took a DNS test and found my half brothers and sister. I also found my father for the first time.
What are my options in obtaining US citizenship? I'm 39yrs old that this time of writing this.

Thank you

 

[newacct]

You are out of luck.

Since you were born abroad out of wedlock to an American father and an alien mother, two things need to be met for you to get US citizenship by birth:

1. Your US citizen father needs to meet the physical presence requirement. Since you were born between 1952 and 1986 to one US citizen parent and one alien parent, the requirement is that the US citizen parent had to have been physically present in the US, before your birth, for a cumulative total of 10 years, including 5 years after turning 14; time spent stationed abroad in the US military counts as physical presence in the US. And
2. The additional requirements in INA 309(a) for birth out of wedlock to an American father needs to have been met. The "new INA 309(a)" would apply to you, since it applies to anyone who was under 18 as of November 14, 1986, unless they were already legitimated before November 14, 1986 (which I'm assuming is not the case for you). The "new INA 309(a)" requires the following to have been met before you turned 18:
a) you were legitimated, your father acknowledged you, or your paternity was determined by a competent court, and
b) unless your father was deceased, your father agreed in writing to support you until you turn 18.

The last part, the father's written agreement of support, was definitely not met in your case, since your father was not even aware of you. There is no substitute for the father's written agreement of support. And since you are over 18, it is too late to meet that condition. See 8 FAM 301.7-5 and 8 FAM 301.7-10(C).

And since you were given up for adoption, your relationship to your biological parents and siblings is probably severed for immigration purposes, meaning they cannot petition you to immigrate either.