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father is natural born US citizen

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  • father is natural born US citizen

    My father waa a soldier during vietnam war.I was 32 years old now my father and I just met last 1993 and he just filed a petition for me last yr. of NOv.Im here as nonimmigrant visa they said that I have to go back to the Philippines and waitt for 11 years for the priority date, Is there a way for me to just wait here?

  • #2
    My father waa a soldier during vietnam war.I was 32 years old now my father and I just met last 1993 and he just filed a petition for me last yr. of NOv.Im here as nonimmigrant visa they said that I have to go back to the Philippines and waitt for 11 years for the priority date, Is there a way for me to just wait here?

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    • #3
      I doubt it. As an adult child of a US Citizen, the wait is very long for citizenship. A free consultation with an appropriate lawyer could uncover some other options - but not likely...

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      • #4
        I thought a child of a natural born U.S. citizen is automatically a U.S. citizen?

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        • #5
          If the mother is an U.S. citizen, the child is automatically as well.

          If the father is an U.S. citizen, there needs to be "clear and present" evidence of a close relationship (financial support, lifelong nurturing, the registering of the child with U.S. authorities etc., some form of active acknowledgement by the father that this is his child). This has been only recently and again confirmed by the Supreme Court.

          I'd imagine that DNA relationship in conjunction with the father's petition (and its pursuing) could provide the immediate evidence needed to prove the child status as an U.S. citizen.

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          • #6
            I have all that evidence,but still they want me to wait, is there any way to make the processing shorter,what about bringing this into court.

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            • #7
              I dont have a good vibration of my attorney, he always talk negative against my case should I change him.

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              • #8
                Good news! You're a born U.S. citizen. Look at this INS link: http://www.ins.usdoj.gov/graphics/se...atz/faq.htm#q2

                It looks like you fulfill all of the requirements (look under "through birth abroad to ONE US citizen").

                As for the attorney, it wouldn't hurt to ask around. Ask other attorneys the process and paper work. Good luck.

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                • #9
                  It would be best if you can state categorically that your father is a USC since you just mention that he is a Korean veteran as there were also Filipino contingents sent on that war.If your birth registration shows your father is a US citizen, that might help a lot.However, you know that philippines,next to Mexico has the most number of immigrant applicants and practically oversubscribed and might take a while to process your case.
                  If you are determine to have it expedited,well money talks.I believe Gurfinkel can help you on your case as he had handled cases something of this nature.

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                  • #10
                    Thank you Bugsy! Are you Filipino? I am. I really heared about Gurfinkel but All I know that his office is in California and I am here in NY,Do you know anyone good attorney located here?

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                    • #11
                      If you are looking for one at NY,try Mo Goldman at www.goldmanimmigrationlaw.com
                      he accepts initial free consultation.wishing you the best.

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                      • #12
                        jl is right, it looks like you are a usc.

                        Here is what the law says:
                        In most cases, you are a usc if all of the following are true:

                        * One of your parents was a usc when you were born;
                        * Your usc parent lived at least 5 years in the U.S. before you were born; and
                        * At least 2 of these 5 years in the U.S. were after your usc parent's 14th birthday.

                        If your record of bith was registered at the U.S. consulate, you can use it to apply for a certific ate of citizenship (N-600), now that you are already in the U.S.

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                        • #13
                          I suggest you go to www.usdoj.gov and look for Child Citizenship Act of 2002, You will learn a lot there about your case. I also remember to come across a law regarding Ameriasian. Go to this website and you will learn many things instead of relying completely to your lawyer. You may even handle your own case if you will make a good research of it. I am from Los Angeles and I suggest that if you are not satisfied with your present lawyer, shop for another one lawyer there but not the one being mentioned here in L.A.

                          good luck

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                          • #14
                            My problem is that my parents did not report my birth to the consulate before at the age of 21.I just found my father last 1993 and I am already 23 . now he is very much eager to petition me and feel very sorry for what he have done. But now his doing everything for me and we are thinking of a DNA test to prove that Im his daughter.
                            what about the law of immigration of family of the 9/11 WTC victims, are the siblings belong in this law? and that sibling was not living here when hat happened.

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                            • #15
                              Just have patient,I know according to your explanation the you have the right.

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