Born in UK to USAF officer in 72, can I get a American passport?
#16
Just Joined
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Joined: Jun 2016
Posts: 8
Re: Born in UK to USAF officer in 72, can I get a American passport?
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
He could also become a naturalized USC based on any number of other avenues... but right now, this is the most direct route.
Ian
#17
Re: Born in UK to USAF officer in 72, can I get a American passport?
Your half siblings might be able to file an I -130 towards am immigrant visa, i'm not sure. Current wait time for that visa in sibling category is around 15 years.
Rene
#18
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Joined: Jun 2016
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Re: Born in UK to USAF officer in 72, can I get a American passport?
It might be better to start this as a new question/thread, but what are the general faster ways to do it? and how long would they take? and with these other ways can I bring a spouse? or a parent? or does everyone have to apply separately?
#19
Re: Born in UK to USAF officer in 72, can I get a American passport?
Look at our Wiki article called "Pulaski's Ways". It lists all the ways to the USA.
Basically there are 4 ways (with various visas in each category): Employment, Family, Investment, or Student.
You can always bring a spouse as a dependent. Sometimes children, depending on their age. Never a parent.
Read that article and then come back to let us know which visa you think might apply to you.
Rene
Basically there are 4 ways (with various visas in each category): Employment, Family, Investment, or Student.
You can always bring a spouse as a dependent. Sometimes children, depending on their age. Never a parent.
Read that article and then come back to let us know which visa you think might apply to you.
Rene
#20
Re: Born in UK to USAF officer in 72, can I get a American passport?
If I may ask. ..what is the interest in moving to the USA after all this time?
Rene
Rene
#21
Re: Born in UK to USAF officer in 72, can I get a American passport?
So add on another 900,000 petitions with a quota of 65,000 per year (we don't know the nationality breakdown so hard to say exactly), you're looking at another 10+ years wait on top of that 30 years if you file today.
Even third preference won't get you a visa in 15 years. First preference, maybe. Neither of which the OP qualifies for.
#22
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Joined: Jul 2016
Posts: 10,009
Re: Born in UK to USAF officer in 72, can I get a American passport?
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.
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.
#23
Re: Born in UK to USAF officer in 72, can I get a American passport?
#24
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Joined: Jul 2012
Posts: 574
Re: Born in UK to USAF officer in 72, can I get a American passport?
Remember that the relevant law is the INA as it stood in 1972, so I'm not sure DNA evidence would be of any benefit to the OP
#26
Re: Born in UK to USAF officer in 72, can I get a American passport?
If I lived in the UK I would not want US citizenship because of all the financial and taxation issues it would cause.
#28
Re: Born in UK to USAF officer in 72, can I get a American passport?
Hi:
The issues can be quite complicated. One particular issue is what is called "choice of law." The Immigration & Nationality Act has a quite broad "choice of law" provision.
A case I have found interesting is Kaliski v District Director
Kaliski is NOT "on point" for OP's question, I just give it demonstrate how complicated the issues can be. [BTW, the California law in question was amended in 1975].
I would recommend that one HIRE a lawyer to explore the issues. When I was in practice I would touch base with one of the Mautino lawyers: San Diego Immigration Lawyers - Kathrin S. Mautino, APLC [Robert and Kathrin are father daughter. Bob is now pretty much retired]. The two of them are THE "mavens" on the subject.
The issues can be quite complicated. One particular issue is what is called "choice of law." The Immigration & Nationality Act has a quite broad "choice of law" provision.
A case I have found interesting is Kaliski v District Director
Kaliski is NOT "on point" for OP's question, I just give it demonstrate how complicated the issues can be. [BTW, the California law in question was amended in 1975].
I would recommend that one HIRE a lawyer to explore the issues. When I was in practice I would touch base with one of the Mautino lawyers: San Diego Immigration Lawyers - Kathrin S. Mautino, APLC [Robert and Kathrin are father daughter. Bob is now pretty much retired]. The two of them are THE "mavens" on the subject.