My father was in the army in alaska - met my mother- (American Indian) in Canada. I was born there 3/27/62. They moved to Georgia when I was an infant. GEorgia had been his home, still is. She lived here for twenty years and nows lives in Canada. They never legally married - was together 20 years. I have tax return 1969 listing me as a dependent. I have where I went to Grammer school - notarized. I was told all I had to do was get a passport - the New Orleans office turn it down saying I was not legalized at birth. Then the hurricaine came thru - after a good while it was transferred and fortunely they returned all my papers.- I want to get citizenship thru my father-as I feel I am one. He had even sent a notorized statement to the passport people. When I finally got through to the new office - they said I had to reapply for them to answer any questions. I have a social security card and have always paid my taxes. I am a upstanding citizen. What do I need to do?

For one thing, you have to prove you are indeed the son of whom you claim your father is. Does your birth cirtificate list him as your father? Maybe you'll need a affidavit from your father. You might need DNA test (or immigration might order one), which would conclusively prove the fact beyond any doubt.

You'll probably have to apply for acquired citizenship, which will get you a citizenship certificate. I don't know what the proper forms are to file. Maybe the form N-600? Usually, this kind of issues happens in foreign countries and thus taken care of at embassies, so this is an unsual case.

Just did some google search. Unfortunately, it looks like you waited too long to apply for acquired citizenship through your father. It should've been done before you were 21.

http://www.angelfire.com/tx5/agsantos/citizen.html

quote:

Birth between December 23, 1952 and November 13, 1986:

Children born out of wedlock to a US citizen mother were US citizens if the mother was resident in the US for a period of one year prior to the birth of the child. Children born out of wedlock to a US citizen father acquired US citizenship only if legitimated before turning 21.

What about me being 1/2 american indian

Given the facts you provided, it doesn't matter that you are over 21. The requirement is that your father legitimated you before you were 21--that means that he treated you as his son.

You said he listed you as a dependent on his tax returns which is excellent evidence of legitimation. Is he named as the father on your birth certificate?

To receive a certificate of citizenship, you will have to do some work, but it should be possible.

Good luck!

You say that your mother is an "American Indian" but Canadian. I'm not sure what that means. Is she a Canadian citizen? Was she born in Canada? Was she born elsewhere? It could be important, if your mother is a national, but not citizen, of the U.S. If your mother is a U.S. national it would make you automatically a U.S. national. Also, if your father's name is on the birth certificate you may already be a citizen of the U.S. If your father legitimized you, then you gain U.S. citizenship automatically.

My father is listed on my birth certificate. I have his last name. My mother was born in Canada and now lives there. She lived here for 20 years with my father and had a social security card - but that is it. I lived with my parents growing up. We never went to court about legalization - but I was always a dependent on his tax return - which I only have a copy of one in 1969. I am his daughter - not his son. My mother is of the Cree tribe (not Creek)- when I looked this up - it said American Indian.

Ok. I'm not sure what agency you were dealing with in New Orleans, but I think you have been a citizen since birth. You can file a certificate of citizenship, http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb9...CM10000045f3d6a1RCRD. However, this seems complicated and I'm sure the documentation requirements are very specific. You should contact an attorney who has experience dealing with this sort of matter.

What I would like to know is what the US means or requires for proof of legitimacy - besides a court order.

I don't know much about how one becomes "legitimate" but I would assume that the father's name on the birth certificate as well as support during your childhood would make you legitimate. Anyway, you should really contact a good attorney. The proof you need may be very specific, but you may already have it, or been able to obtain it fairly easily.

quote:

(C) a child legitimated under the law of the child’s residence or domicile, or under the law of the father’s residence or domicile, whether in or outside the United States, if such legitimation takes place before the child reaches the age of eighteen years and the child is in the legal custody of the legitimating parent or parents at the time of such legitimation;

http://www.law.cornell.edu/uscode/html/uscode08/usc_sec...0001101----000-.html
This means the state of your residence has to legally recognize you as his child. So if you lived in Canada and Georgia before your 18th birthday, you have to find official documents (either Canadian or Georgia) that officially recoginize that he is your father.

This seems tricky. Your birth cirtificate might prove the legitemacy for Canadian end. But you still have to show that he had your custody in Canada.

On the other hand, the tax return shows the proof that he had your custody in Georgia. But you will need a document from Georgia that officially recognize you as his child.

Legal quandry. You'll have to dig up some more documents.

What kind of document for Georgia would officially proved it? Also I was only in Canada a short time - we move here when I was born. My Dad was only visiting Canada - he didn't live there. But I was baptist in Canada - that document would have my father's name on it too.

Sec. 301(a)(7) now 301(g) INA.
Dec. 24, 1952 and prior to Nov. 14, 1986 Citizen parent physically present in U.S. or possession 10 years prior to child's birth. five of which after age 14. Honorable U.S. military service, employment 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.

Recently I read on this board that, a person had become a US Citizen. he was qualified by the DOS to transmit the citizenship to his child born abroad.
According to the Current law he was not a citizen for the five years/ and what ever time being possessed was for his Naturalization, without being Naturalization he can not become a U.S. Citizen.
I do agree with one of the person in that case.
You are qualified citizen, just you need to proof which will be the transcript of your fathers IRS records, and Military records.
You do have a birth certificate, from where?
best of luck.

Nov. 11, 1986 INA should be changed to read as above. That was fair to all.
I also wrote to my congressman about this laws, as well as to the speaker of the House.

I have a Canadian birth certificate - My problem is I am not a child anymore. Where can I get the addresses of my congressman and the speaker of the house.

google. Write Your Representative

I under stand that you are not a child any more. The year of your birth and if your father was a U.S. Citizen at the time of your birth and have lived in U.S. for 10 years prior to the birth this law will govern your case.

The burden of proof is no you, I have already stayed the law during your birth. If you have Official documentary evidence it will help you.
You will have to dig out the paper work from Army, father was born in US and was in the Army, burden of proof is on you.

You were born in Canada, your father should have registered you birth with the US Diplomatic Mission at that time.

Do I give those to the passport people or the USCIS?

quote:

Originally posted by Kumar555:
I under stand that you are not a child any more. The year of your birth and if your father was a U.S. Citizen at the time of your birth and have lived in U.S. for 10 years prior to the birth this law will govern your case.

The burden of proof is no you, I have already stayed the law during your birth. If you have Official documentary evidence it will help you.
You will have to dig out the paper work from Army, father was born in US and was in the Army, burden of proof is on you.

You were born in Canada, your father should have registered you birth with the US Diplomatic Mission at that time.

Your advice is inadequate at best. We are talking about a child born out of wedlock. Your advice applies only to properly-married families. What she first needs is a proof that her father legitimated her as his child and had her custody at the time, all before she was 18.

This message has been edited. Last edited by: templar,

So - what proof can I give to legimation- would a Ga tax return suffice?

I highly doubt a tax return alone would be enough to prove the legitemacy. Birth certificate would be more credible if anything. Your issue is too uncommon and difficult for anyone here to give you a good detailed advice you are seeking. I think you need a professional advice.