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Born out-of-wedlock.

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  • #31
    Hi Adam

    I have my birth details and have sent this off to the US embassy however my dad's name in not on my birth certificate and because of that we were told to include affidavit which I have. I am a UK citizen.

    I have been advised that they may ask for a DNA test. I am not asking for citizen ship just a greencard

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    • #32
      N P Please refer to my march 9 post. Sec 309[8 U.S.C. 1409] (e)(1) Except as provided in paragraph (2)(B), the new section (a)(as defined in paragraph(4)(A)shall apply to persons who have not attained 18 years of age as of the date of enactment of this Act(viz., November 14, 1986)
      (2) The old Sec309(a) shall apply:-
      (A) To any individual who has attained 18 years of age as of the date of the enactment of this Act(viz Nov. 14, 1986 and
      (B) any individual with respect to whom paternity was established by legitimation before such date.
      Note: The text of old section 309(a) is as follows "The provision of paragraphs(c),(d),(e), and (g) of section 301 and paragraph (2) of section 308 of this title shall apply as of the date of birth to a child born out of wedlock on or after the effective date of this Act(viz December 24, 1952) if the paternity of such child is established while such child is under the age of 21 years by legitimation]

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      • #33
        Hi Bev. Ugh I'm so sorry to hear that they rejected your claim. It's so unfair that in this day and age people can still be discriminated against in this way through no fault of their own. Who knows, maybe your father can assert his own constitutional rights to equal protection. It's surely gotta be only a matter of time before things change. Where I live they are already making plans to make sure that no person be considered illegitimate under the law, maybe America will be thinking in a similar kinda way someday. Anyways, good luck with whatever you decide. Keep in touch.

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        • #34
          Hi, ShadowLady. Yeah, ugh is the right word for it!! I'm not sure what to do next. We're going to the US later in the year to visit Dad and al my relatives and will have to see an immigration lawyer while we're there. I tried to contact a lawyer here in the UK but he said he knew about immigrants coming into the UK but nothing about going to the USA!! not much good to me really! How is your case coming along? I hope you have better luck than me and I'll keep everything crossed for you! Keep in touch. Bev

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