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American born abroad out of wedlock???

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  • American born abroad out of wedlock???

    Hi, wondering if anybody could help answer this.

    If Congress provides for a blanket grant of citizenship at birth to children born abroad of one United States citizen parent under INA section 301(a)(7).

    But the person concerned was born out of wedlock to a U.S. Citizen father, and did not realise that his citizenship will have been taken away after a certain age. (Section 309). And so therefore did not apply for it to be recognized in time.

    Does he then have a right to then go and reclaim this Citizenship under Section 103 of INTCA, which supposedly allows for persons who lost their U.S. citizenship between 1934 and 1978 due to their failure to satisfy the retention requirements.

    He was born in 1978 before the law changed, so I'm guessing that he probably would have been considered a citizen at that time. And that the laws before Oct 1978 would probably apply to him (He was born in Feb).

    The reason I ask, I because I haven't really heard about this Section 103 before. Which apparently came into effect way back in March 1995.

    Has anybody out there had any personal experience with this?

    Any advice would be greatly appreciated. Thanks.

  • #2
    Hi, wondering if anybody could help answer this.

    If Congress provides for a blanket grant of citizenship at birth to children born abroad of one United States citizen parent under INA section 301(a)(7).

    But the person concerned was born out of wedlock to a U.S. Citizen father, and did not realise that his citizenship will have been taken away after a certain age. (Section 309). And so therefore did not apply for it to be recognized in time.

    Does he then have a right to then go and reclaim this Citizenship under Section 103 of INTCA, which supposedly allows for persons who lost their U.S. citizenship between 1934 and 1978 due to their failure to satisfy the retention requirements.

    He was born in 1978 before the law changed, so I'm guessing that he probably would have been considered a citizen at that time. And that the laws before Oct 1978 would probably apply to him (He was born in Feb).

    The reason I ask, I because I haven't really heard about this Section 103 before. Which apparently came into effect way back in March 1995.

    Has anybody out there had any personal experience with this?

    Any advice would be greatly appreciated. Thanks.

    Comment


    • #3
      This is Raj c/o Adam

      I think it will be better for you to go to www.state.gov and look into the 7 FAM 1131 or 1132 it will have the complete info.
      Their used to be one more section in the fam that was of UNAWERENESS, for those who were not know about the citizenship, in this section of the law many Filpino had claimed US Citizenship.
      The current FAM was Changed in 1986/87 the old Fam which was working tool for consular Affairs since 1960. and had many good info in it.

      Comment

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