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I'm a canadian whose father is american but I have no proof. If I can convince him to take a DNA test, what will that give me? Will I automatically be a dual citizen or will I have to file a bunch of papers before becoming a U.S. resident?
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I'm a canadian whose father is american but I have no proof. If I can convince him to take a DNA test, what will that give me? Will I automatically be a dual citizen or will I have to file a bunch of papers before becoming a U.S. resident? -
The applicable law depends on when you were born and your parents' marital status at the time. Generally, I believe (I'm not a lawyer) that if your father did not acknowledge you and support you before your 18th birthday, you do not automatically get US citizenship.
http://travel.state.gov/law/info/info_609.html
However, he probably could sponsor you for a green card as the immediate relative of a US citizen IF the DNA shows that he really is your father.Comment
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A DNA test will prove he is your father. You can then check to see if you can apply for derivitive status. There is something about Candians and derivitive staus. (I know that if your grandparents are American and you can proove it you may claim derivitive status as a Canadian - some 1800 law!). If a DNA test proves he is your father, he is that whether he supported you or not. You can force him to take the test if you sue him for support and he clims he is not your father - he would have to prove it. He has obligations to age 21 in some circumstances.
Canadian and American courts have an agreement for collection of Child Support on either side of the border.
You may be able to sue him for back support if you are young enough. Is his name on your birth certificate?
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Support, or rather the written promise of support, does make a difference if you're under 18 in whether you're automatically a US citizen. See the link in my post above.Comment
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I am 29 years old. My mother and he were never married. I don't want any money from him, I just want to be able to move to the U.S. legally without much hassle. Will I have to go to court in California (where he lives) whether he agrees to the test or not?Comment
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I'm not sure what basis you would have for suing him at your age. Maybe some of the lawyers or lawyer-wannabes on the site would know. Also, given your age, even if you did sue him to get him to take the DNA test, it would still take his sponsorship of you for a green card, so I really wouldn't ruffle his feathers.Comment
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Do I actually have to sue him? If he agrees to the test, can't we just do it. And when and if we do the test, if that doesn't make me a citizen, will I have any other rights or any kind of status without him sponsoring me? Even with the proof of an american parent but no green card, won't it be a little easier for me to enter the U.S. without hassle? Do I still only have 6 months to stay before it becomes illegal for me to be there?Comment
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