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Thread: Born out-of-wedlock.

  1. #1
    Hi I was hoping somebody could give me some advice. My half-sister applied to get a U.S. passport, based on our father being a citizen. My sister, who is ten years older, got her passport no problem. I however was told I probably would not have a claim, as my father did not marry my mother until I was over 18. My half-sister's mom was married to him for only a couple of years. He has been with my mom for over 20 years. How can this possibly be considered fair? nobody I asked could give me an answer.

  2. #2
    Hi I was hoping somebody could give me some advice. My half-sister applied to get a U.S. passport, based on our father being a citizen. My sister, who is ten years older, got her passport no problem. I however was told I probably would not have a claim, as my father did not marry my mother until I was over 18. My half-sister's mom was married to him for only a couple of years. He has been with my mom for over 20 years. How can this possibly be considered fair? nobody I asked could give me an answer.

  3. #3
    Plese refer to Beau's post of March 4, 2004 on this board

  4. #4
    Hi Adam, thanks for responding so quickly. My father never once imagined that he was expected to go to a court to acknowledge under oath that he was my dad... he thought he did that the day I was born when he signed my birth certificate. He's been with me my whole life, paid for all my needs. Why should I be treated any less of a person than my sister? Sorry if I am going on a bit here, just hurts a bit, thats all.

  5. #5
    Are you in US or out of State?
    Write your case and see where you fit in the sectionand what evidence you have, where is your dad?

    Carl Shurterman, he is one of the good lawyers,
    I have seen his cases, go for free consultaion first. see what he has to say.

  6. #6
    Tuesdays and Thursdays there is a "chat with lawyers" session at 4:45 EST. The link is on the left. Just type your question, hit send, they take them in the order they are received.

  7. #7
    Ok I got another question which I couldn't find an answer for. A friend told me that apparently in 2003 their was something called the Father's Equity Act (Introduced in the House of Representatives) which apparently recommened that the age limit for claiming citizenship for children born abroad and out-of-wedlock be removed. Are there any signs of this ever happening, or am I just plain out of luck? if not was their any reason given. Any info much appreciated.

  8. #8
    Shadow:

    You MAY be a U.S. citizen . . . BUT . . . no one is going to be able to help you find out one way or the other if you don't take the time to post the information you have been asked to provide.

    Depending on the laws of the country - marriage to the Mother (or going to court) may not the ONLY way a child can be legitimated! So, answer the questions that have been posed and maybe you will get some good news.

    1. Date of your birth

    2. Country of your birth

    3. Father's country of birth (if not the USA)

    4. Father's country of residence at the time of your birth.

    5. Is your Father listed as the "Father" on your birth certificate?

    Okie Celt

  9. #9
    Shadowylady; as Okie told you, you need to provide more information if you want more accurate advise. Naturalization laws are very complex and depending on the birth year/location and the circumstances of the parents, they can vary extensively.

    All I can add is that the standards for the children of male U.S.C.'s are different than for female U.S.C.'s; children of a female U.S. are USC with no further proof required than that of the birth certificate. More proof is required by a U.S. father.

    As the biological child of a U.S.citizen father you must prove that a relationship existed in addition to the biological factor to claim U.S. citizenship. Proof that he supported you (even if he didn't support your mother) financically/emotionally/socially. The birthcertificate is a good step, an affadatif, as well as a DNA test result and a few other things.

    The recent laws were that U.S. citizenship could be claimed from a U.S. father untill the age of 26, but in certain circumstances it was succesfully re-claimed even beyond that. You can do this on your own, and an attorney can help ou with it, too. Carl Shusterman is an expensive attorney and there is no free consulation with him. You have a better shot at researching it yourself or consulting someone who is familiar with the nationality laws of your era!

  10. #10
    Hi, sorry for not answering all questions sooner. Here is my information. I was born in the UK in the 70's, where I still live today. My father is a U.S. citizen born and bred, as was his mother before him. He still holds his citizenship, never changed it. He lived in the States until he was 19 when he joined the military. I can prove my relationship to him through a lifetime of family photographs, not sure if that's acceptable evidence though. Dad is still alive and happily married to my mom. He supported both of us. And yes his name is on my birth certificate. The people at the consulate when I called them seemed more stuck on the age issue (me being over 21) than anything though... They were trying to advise me to apply for a green card, but my sister said if she got citizenship I should be able to also. Thanks for taking time to read this, I really appreciate your advice guys.

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