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Please help. We have a (step)family member who is 47 years old. Is born and raised English. He was born out of wedlock and so his mother didn't put down a name for his father (left it blank). When he was 18 he found out that his dad was alive and contacted our family. At that time my parents and him tried to get him allowed to be an American citizen but due to some circumstances it didn't get taken care of. Now things have happen and Sam wants to move to the United States and be with us. He has visited us every year at least once for 29 years. His mother has signed an Affidavit swearing that my step father his Sam's dad . Now hear is the problem - Sam's dad died last year. Is there any way that we can prove that Sam is an American due to his birth to an American father? Please help us know what to do. We have talked about having a DNA done but we really aren't sure what to do since his father has passed away. What should we do - how should we do it - and who do we talk to? Most importantly is there any possibility that we will be able to get him to be able to love here in the United States? Thank you for your help and time.
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Please help. We have a (step)family member who is 47 years old. Is born and raised English. He was born out of wedlock and so his mother didn't put down a name for his father (left it blank). When he was 18 he found out that his dad was alive and contacted our family. At that time my parents and him tried to get him allowed to be an American citizen but due to some circumstances it didn't get taken care of. Now things have happen and Sam wants to move to the United States and be with us. He has visited us every year at least once for 29 years. His mother has signed an Affidavit swearing that my step father his Sam's dad . Now hear is the problem - Sam's dad died last year. Is there any way that we can prove that Sam is an American due to his birth to an American father? Please help us know what to do. We have talked about having a DNA done but we really aren't sure what to do since his father has passed away. What should we do - how should we do it - and who do we talk to? Most importantly is there any possibility that we will be able to get him to be able to love here in the United States? Thank you for your help and time. -
From what you described, he is not a US citizen. Consider immigration through employment or investment.Comment
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Will you clear some questions.
1. Are you from the same mother
2. What is the citizenship of your mother?
3. his father passedaway?
4 do your mother have his death certificate?
I am sure he can claim the citizenship in two ways, if you please answer the above questions.Comment
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This is really complicated. I would recommend that you contact a lawyer or an immigration official... maybe they can tell you what exactly is considered admissible prove of parentage.Comment
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CHILDREN BORN OUT OF WEDLOCK
INA SEC 309[8USC 1409] (a)The provisions of paragraphs(c),(d),(e), and (g) of section 301 and of paragraph(2) of section308 Shall apply as of the date of birth to a personborn out of wedlock if---
1. a blood relationship between the person and the father is established by clear and convincing evidence.
2 The father had the nationality of the united states at the time of the person's birth.
3. The father(unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and
4. While the person is under the age of 18 years-
(A) the person is legitimated under the law of
the persons residence or domicile,
(B) The father acknowledges paternity of the
person in writing under oath, or
(C) The paternity of the person is established
by adjudication of a competent court.
(b) EXCEPT AS OTHERWISE PROVIDED IN SECTION 405Comment
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Sorry I hit the button: CONT: THE PROVISIONS OF SECTION 301(g) SHALL APPLY TO A CHILD BORN OUT OF WEDLOCK ON OR AFTER JANUARY 13, 1941, AND BEFORE DECEMBER 24, 1952, AS OF THE DATE OF BIRTH, IF THE PATERNITY OF SUCH CHILD IS ESTABLISHED AT ANT TIME WHILE THE CHILD IS UNDER THE AHE OF TWENTYONE YEARS BY LEGITIMATION.
(c) Notwithstanding the provision of subsection(a) of this section, a person born, after December 23, 1952, outside of the United States and out of wedlock shall be held to have acquired at birth the Nationality status of his mother, if the mother had the nationlity of the United States at the time of such persons birth, and if the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of one year.Comment
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