UKPerson

Unfortunately the situation is not as simple as my question title suggests.

My father was a USAF Lt colonel. My mother is English. He was stationed in Mildenhall in the UK when they met and they were making plans to live in the US. I was born in the UK in early 72. A few months before I was born he disappeared, and we never heard from him ever again. I found out via the internet in 2001 that he had died the year before, and had been living in Florida.

As I understand it I would be entitled to a US passport, but there's one huge problem and that's his name for obvious reasons is not on my birth certificate.

So with that in mind, can I still get a US passport? what could I do to get one in my situation? what are the factors involved? Would it be a good idea to get a specialist USA/UK immigration lawyer involved?

What I do have is a bunch of letters he wrote my mother, and lots of pictures they took (including a road trip they took in the US). But that's all.

About 9 years ago I managed to find a relative of mine (cousin) via the internet, but a few years after we started talking he got cancer and died. He mentioned another cousin of mine at the time but unfortunately I don't have any of those details anymore.

Any advice is appreciated.

ian-mstm

Unfortunately, your eligibility to claim US citizenship died with your father... and that's further complicated if your father and mother were not married (I'm guessing this is the case, if your father's name wasn't on your birth certificate). If they weren't married, he would have had to legitimize your relationship to him prior to you turning 18 years old.

Ian

UKPerson

Is there nothing that could be proved via DNA? evidently I have half brothers and sisters. It's a long shot but if someone closely related to me on that side of my family provided DNA would could that be used to prove he's my father?

ian-mstm

The issue isn't proving that he's your father - it's that he dead. There's no mechanism that I know of to now derive citizenship from him. If either of his parents is alive, you might have been able to claim citizenship based on one of them being a US citizen... but that would have had to happen within 5 years of your father's death - so that's out of reach now also.

Even if he was alive, he would have had to legitimize your relationship to him - and that would have had to happen prior to you turning 18 years old... and that opportunity is now long past.

Hopefully, someone will have another suggestion - but from my understanding of the process, there's currently no way for you to claim US citizenship.

Ian

Steve_

But perhaps he did legitimize the parenthood prior to her turning 18. The relevant law is this: https://www.uscis.gov/ilink/docView/...-0-0-9774.html

She would have been 18 in 1990, not familiar with the law from back then. As the Child Act stands now, the father has no rights to the child unless the parents have an agreement or they get married, then it's automatic.

"Legitimated under the law" though could be as simple as her telling someone back then at the DHSS that the guy was her father or whatever.

I think you do need a lawyer for this one, fortunately a British lawyer (so not as complicated) who can figure out if you were in any way "legitimated" prior to 1990 based on UK law, case law and whatever proof you've got if any.

I'm sure this must come up with bequests and things like that. There's probably extensive case law. The trick is the "under 18" bit.

Once she's got the proof, she can apply for a passport.

UKPerson

"She's" a he

Thanks for the info that's interesting. I'm not sure if my mother told anyone in a legal sense that he was my father before I was 18, I know a few months before I was born my mother and he were driving around the local hospital to check out the parking for when I arrived! but I don't know if any legal authorities were told.

Why would it be a British lawyer rather than an American one to be used?

BritInParis

On that basis the OP would be needed to be legitimised in the UK, not the USA, as that was his residence/domicile. It seems unlikely however since his father is not on his birth certificate and had no contact from the day he left the UK until he died.

https://travel.state.gov/content/tra...rn-abroad.html

A DNA test with the OP's half siblings may be considered 'clear and convincing evidence' and may cover the requirement for 'the paternity of the person is established by adjudication of a competent court.'

I'm not familiar enough with US citizenship law to be able to advise any further.

UKPerson

Thanks for the info. Regarding your last point in regards to "the paternity of the person is established by adjudication of a competent court." wouldn't that of still had to have been done before I was 18? from looking at that paragraph you posted. So even if I could get DNA now from a half sibling it would be too late?

Steve_

Because the US law says:

Which in your case would be UK law.

You can't be the first person to have this problem, but you need to find the right lawyer. "legitimated under the law" is pretty vague. Birth certificate or a notarized statement would be nice, but there have been claims made to US citizenship by people showing church attendance records for example. What would be sufficient under UK law, especially UK law from 1972-1990 is not a simple question. Would photographs and love letters and a statement from your mother suffice? Dunno. And what paperwork could you get to show the State Dept. for a passport application even if you were "legitimated"? Dunno.

Bear in mind it's all five requirements. It says 1, 2, 3, 4 AND 5. So it's not going to be an easy thing to pull off. 1, 2 and 3 you can do, 4 and 5 are going to be tough.

BritInParis

Depends on UK law, as in "while the person is under the age of 18 years the person is legitimated under the law of his/her residence or domicile". As far as I know however that would require your parents to have married before you turned 18. The only other possibility would be for your father to have acknowledged his paternity of you in writing under oath before you turned 18 which seems unlikely unless your mother forgot to mention something. I suspect you have unfortunately hit a dead end.

UKPerson

In the letters I have he refers to be often, and there's even talk of how he was going to decorate the nursery of the house they were thinking of getting in the USA (along with other room sizes). Of course I recognise those letters in theory could of been faked, so I'm not sure if they help. I just wondered if it was a weight of evidence kind of issue.

cheers

Maybe I missed it but can't you apply for US citizenship separate from your father?

Steve_

There are two ways of getting it at birth, you're born in the US (which he wasn't) or via your parents. Mother isn't a US citizen so it boils down to the father.

As I very very dimly recall and no doubt crg will correct me, back around 1986 that section was intended to take into account artificial insemination, so you couldn't just mail some sperm to someone outside the country and claim US citizenship for the child.

UKPerson

Of course I could go down that route, but considering my father was American I just wondered about other options.

ian-mstm

Yes - you can apply based on USC grandparents... but, for this guy at least, that option is no longer available. He can't apply without proof that his father was able to pass citizenship to him and that his father legitimated him prior to him turning 18.

He could also become a naturalized USC based on any number of other avenues... but right now, this is the most direct route.

Ian