Born out-of-wedlock.

[ShadowLady]

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.

[ShadowLady]

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.

[Adam]

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

[ShadowLady]

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.

[Adam]

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.

[Still Learning]

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.

[ShadowLady]

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.

[Okie Celt]

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

[Pandora]

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!

[ShadowLady]

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.

[Pandora]

- Where does your father live now?
- If he's married to your (biological) mother now, where is she and in what status (if in the U.S.)?

The evidence that you have (pictures, Birth cert, supportive evidence) should be more than sufficient. In my opinion you're a U.S. citizen and should not have to apply for a LPR status. The consulate is part of the State dprt. and immigration matters are just part of their exteNsive duties, but not necessarily their expeRtise. In some cases the case manager might not be entirely familiar with the complex nationality laws. If you can't find the exact wording and legal paragraphs of the laws that pertain to your case, consult an attorney who can provide all this information as accompanying evidence for your claim to U.S. citizen! Just be carefull, if you indeed are not a U.S. citizen, the mere claim to it can make you permamently inadmissiabile into the U.S.

[Adam]

You should Contact American Services Unit of the US Embassy, in London:
I for got the name of a lady supervisor, I hope she is still in service,ask some one in the section:
Born After: Nov.14,1968 or Before Nov.14, 1971:
Since you were born in 1970: then your case should be under Sec 301(a)(7) INA
Transmission Requirement and Legal Relationship Requirments:
(1) Father physically present in US or possession 10 years prior to childs birth, 5 of which ather age 14. Honorable US military service,employement with US Government,or intergovernmental international orgainization, or as dependent unmarried son daughter and member of household of a parent in such service or employment, may be included: and
(2)(A) Blood relationship established between father and child, father a U.S. Citizen at time
of child's birth, father(unless deceased)agree in writing to support child until 18 years,and while child is under 18 year (i) child is legitimated (ii)father aknowledges paternity, or(iii) paternity established by court adjudication; Sec 309 (a) INA as amednded Nov. 14, 1986, 102 stat 2619 or
(B) Paternity is established under age 21 by the legitimatiom law of father's or child's residence/domicile, Sec 309(a)INA as original enacted:
THIS LAW SHOULD BE APPLICABLE TO YOU:
Let see what other has to say.

[This message was edited by Adam on March 10, 2004 at 05:23 PM.]

[ShadowLady]

Thanks Adam for all that info.. I shall look more into it. Have you or anybody ever heard about some act which allows people born U.S. citizens to regain their citizenship if they failed to meet the physical presence rentention requirements in effect before Oct 10, 1978. Apparently if you take the oath of allegiance and you shall have the status of that citizenship at birth. Do you think this would apply to me? I've never heard of it before. Ok I know I'm a pain in the *** for asking all these questions, but just wanna know where I fit in better before I go and apply. Big time thanks everybody.

[Adam]

ShadowLady: I don't recall any changes on Oct. 10, 1978, about the loss of Citizenship, How ever some changes were taken place during that date and time. Loss of Nationality by Native-Born or Naturalized Citizen. With Naturalized Citizen did happen twice.
It is an open subject. Once it happened to born citizen as well but that person had gained back his citizenship very easly. Your case is totaly different.
Since you were born between 11/14/68 and before 11/14/71 YOU DO NOT HAVE ANY RETENTION REQUIREMENTS

[Bev]

Hi. I've just joined ths forum and have a similar situation to you. I was born in 1960 to a US citizen father and a UK mother. They never married and I didn't 'find' my father until I was 40 years old. We're in touch all the time and have visited the US lots of times since. Now my Dad wants us to go there and live. I have a husband and twin boys aged 18. I've just tried applying for citizenship through my Dad but it seems like one brick wall after another! He has to prove that he has 'upheld me as his child' It has to have been before I was 21 though. All his family knew of my existance and he told his wife before he married her that he had a daughter in England. He sent money to support me, but the US Embassy want proof of that. (After 43 years!!) I don't know where to turn next. I'd be glad of some ideas though
Thanks!