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Associate Member
Posted
Ok as some of you know I ask about all this stuff in an earlier post. But I forgot to mention I found my father a year ago (I'm 27), he is willing to do a Paternity Test to prove he is my father, would this help qualify me for citizenship?
 
Posts: 13 | Registered: 05-15-2006Reply With QuoteEdit or Delete MessageReport This Post
Senior Member
Picture of dragonlady
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Probably. It will be up to USCIS - the Paternity test is a good idea.
 
Posts: 704 | Registered: 02-01-2005Reply With QuoteEdit or Delete MessageReport This Post
Senior Member
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I have not seen your earlier post.
I think you were born in 1978/1979 that makes you about 27 yaers of age.
At that time the laws to transmit the citizenship to the foreign born child was quite diffrent then what it is now.
Let statr from you now.
Your: Date and Place of Birth..+Birth certificate?
Your Father's: Date and Place of birth..?
Was he in the US Military..?
From:..... to......? & where..?
Was he married to your mother..?
If you have all this info it will make more easy for the USCIS. this is all about the paper trail.
Paternity test is the second option.
If you can forward the above info, we can help you in this matter.
 
Posts: 850 | Registered: 03-02-2004Reply With QuoteEdit or Delete MessageReport This Post
Associate Member
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-1979, Germany, German Birthcertificate
-1958, America, American Birthcertificate
-Yes he was in the Army from 1978 until 1980
-No, they were engaged, but living together
German Court child support documents say though he is the father (not through DNA test but because they were living together at the time)I have the original document.

Thanks for any help, Smile
 
Posts: 13 | Registered: 05-15-2006Reply With QuoteEdit or Delete MessageReport This Post
Power Member
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As Adam implies, the law that was in effect at the time you were born is the one that determines if you automatically receive citizenship.

From what others have said on this site, the simplest thing to do is to apply for a US passport, and see what they say.
 
Posts: 2166 | Registered: 09-11-2003Reply With QuoteEdit or Delete MessageReport This Post
Senior Member
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Birth Abroard to US Citizen and Alien Parents:It all depends upon your date of Birth, since you were born in 1979. In your case Sec 301(a)(7), now 301(g)INA; 7 FAM 1133-2-1 and 1133.3-1c will apply.
US Citizen Parent must Register the birth of a child boarn aborad that will help the child in case he/she want to live in US.
Any person born abroad to US Citizen and Alien Parents.
1- Citizen parent physically present in U.S.or possession 10 years prior to child's birth, five of which after age 14. Honorable US Miltary service, employement with U.S. Government or intergovernmental, international organization, or as dependent unmarried son or daughter and member of the household of a parent in such service or employment, may be included.

Now your father will have to proof to the US Department of State that he had not Register your birth with the US Embassy/Consulate. your father Will file an affidavit with his service records when he was in Germany, along with your birth certificate with English translation, and apply for your passport to start the ball rolling, DOS will write back to you guys with complete instructions how to procssed in your case.
DOS will direct you to the uscis, with instruction to follow and complete the process.

If your father would have applied at the US Embassy/Consulate, the consular section would have created your birth record and would have issued you with the passport.
As soon as you received instructions from the DOS, complete information abd file your paper work with the USCIS.
If I am not mistaken, delayed registration can be done upto 18 years of age.
But in your case the DOS might be able to isseu you with a Consular Birth Certificte.

Wish you best of luck.
 
Posts: 850 | Registered: 03-02-2004Reply With QuoteEdit or Delete MessageReport This Post
Frequent Member
Posted Hide Post
your too old
 
Posts: 213 | Registered: 08-24-2004Reply With QuoteEdit or Delete MessageReport This Post
Senior Member
Posted Hide Post
He/she is not too old, it has happened that DOS has approved the Consular Report of birth, and issued with the birth certificate, Not the Consular Report of Birth. I hope it is now clear to both of you.

This message has been edited. Last edited by: Adam,
 
Posts: 850 | Registered: 03-02-2004Reply With QuoteEdit or Delete MessageReport This Post
Associate Member
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Thank you Adam, do you think it would be best if I just go ahead and get a lawyer to take care of all this?
 
Posts: 13 | Registered: 05-15-2006Reply With QuoteEdit or Delete MessageReport This Post
Associate Member
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P.S. I'm a girl...saw your post about HIS age and had to think about it for a sec...lol
 
Posts: 13 | Registered: 05-15-2006Reply With QuoteEdit or Delete MessageReport This Post
Senior Member
Posted Hide Post
You need a good Attorney for this type of cases.
Why don't you look for a free consultation with the
lawyer, and see what he/she had to offer, I know that you guys can do it.

I am sorry for this "He" I already corrected.
Thank you for correcting me.
 
Posts: 850 | Registered: 03-02-2004Reply With QuoteEdit or Delete MessageReport This Post
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