Go Back  British Expats > Living & Moving Abroad > USA > US Immigration, Citizenship and Visas
Reload this Page >

Born in UK to USAF officer in 72, can I get a American passport?

Born in UK to USAF officer in 72, can I get a American passport?

Thread Tools
 
Old Jun 3rd 2016, 12:06 am
  #16  
Just Joined
Thread Starter
 
Joined: Jun 2016
Posts: 8
UKPerson is an unknown quantity at this point
Default Re: Born in UK to USAF officer in 72, can I get a American passport?

Originally Posted by 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
Are those other avenues still connected with my American father? or completely unconnected? and are any of my half siblings of any help in this matter?
UKPerson is offline  
Old Jun 3rd 2016, 3:09 am
  #17  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default Re: Born in UK to USAF officer in 72, can I get a American passport?

Originally Posted by UKPerson
Are those other avenues still connected with my American father? or completely unconnected? and are any of my half siblings of any help in this matter?
Unconnected to your father.

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
Noorah101 is offline  
Old Jun 3rd 2016, 9:38 am
  #18  
Just Joined
Thread Starter
 
Joined: Jun 2016
Posts: 8
UKPerson is an unknown quantity at this point
Default Re: Born in UK to USAF officer in 72, can I get a American passport?

Originally Posted by Noorah101
Unconnected to your father.

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
15 years? wow ok, I'm not in any rush but that's quite a wait

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?
UKPerson is offline  
Old Jun 3rd 2016, 11:16 am
  #19  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default 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
Noorah101 is offline  
Old Jun 3rd 2016, 11:17 am
  #20  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default 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
Noorah101 is offline  
Old Jun 7th 2016, 2:18 am
  #21  
Grumpy Know-it-all
 
Steve_'s Avatar
 
Joined: Jul 2010
Location: Calgary, Alberta
Posts: 8,928
Steve_ has a reputation beyond reputeSteve_ has a reputation beyond reputeSteve_ has a reputation beyond reputeSteve_ has a reputation beyond reputeSteve_ has a reputation beyond reputeSteve_ has a reputation beyond reputeSteve_ has a reputation beyond reputeSteve_ has a reputation beyond reputeSteve_ has a reputation beyond reputeSteve_ has a reputation beyond reputeSteve_ has a reputation beyond repute
Default Re: Born in UK to USAF officer in 72, can I get a American passport?

Originally Posted by Noorah101
Unconnected to your father.

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
No it's not, it's 40+ years if you file today and the law stays the same. Keep pointing this out. It even warns on the State Dept. website not to take the processing date and to minus it off today's date, that is not the accurate way to do it. The State Dept. and USCIS have statistical reports which contain more information than the visa bulletin. As of the start of their financial year (i.e. October) USCIS had 900,000 petitions waiting and using the State Dept. figures I worked out that someone who filed for a non per-country limited country in June 2011 (where USCIS has gotten to) you'd be waiting until November 2041 for a visa number (assuming everyone actually uses the one they get, which is unlikely, so a bit shorter than that).

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.
Steve_ is offline  
Old Jul 24th 2016, 11:55 pm
  #22  
Lost in BE Cyberspace
 
Joined: Jul 2016
Posts: 10,009
morpeth has a reputation beyond reputemorpeth has a reputation beyond reputemorpeth has a reputation beyond reputemorpeth has a reputation beyond reputemorpeth has a reputation beyond reputemorpeth has a reputation beyond reputemorpeth has a reputation beyond reputemorpeth has a reputation beyond reputemorpeth has a reputation beyond reputemorpeth has a reputation beyond reputemorpeth has a reputation beyond repute
Default Re: Born in UK to USAF officer in 72, can I get a American passport?

Originally Posted by 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.
I am not sure the laws of the UK, rules but some countries permit revised birth certificates.
morpeth is offline  
Old Jul 25th 2016, 1:51 am
  #23  
 
BritInParis's Avatar
 
Joined: Feb 2012
Location: Not in Paris
Posts: 18,194
BritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond repute
Default Re: Born in UK to USAF officer in 72, can I get a American passport?

Originally Posted by morpeth
I am not sure the laws of the UK, rules but some countries permit revised birth certificates.
The UK does permit births to be re-registered and there are specific procedures to add fathers to birth certificates, whether they married the mother later or not. The OP's problem is that his father is deceased and therefore cannot give his permission. Reading around the internet it would appear it would possible but the OP would need to go to court and provide DNA samples from his father's siblings as a minimum.
BritInParis is offline  
Old Jul 25th 2016, 2:17 am
  #24  
BE Enthusiast
 
Joined: Jul 2012
Posts: 574
jxv73 has a reputation beyond reputejxv73 has a reputation beyond reputejxv73 has a reputation beyond reputejxv73 has a reputation beyond reputejxv73 has a reputation beyond reputejxv73 has a reputation beyond reputejxv73 has a reputation beyond reputejxv73 has a reputation beyond reputejxv73 has a reputation beyond reputejxv73 has a reputation beyond reputejxv73 has a reputation beyond repute
Default 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
jxv73 is offline  
Old Jul 25th 2016, 2:28 am
  #25  
 
BritInParis's Avatar
 
Joined: Feb 2012
Location: Not in Paris
Posts: 18,194
BritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond repute
Default Re: Born in UK to USAF officer in 72, can I get a American passport?

Originally Posted by jxv73
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
Possibly not but getting his father on his birth certificate would be a step in the right direction.
BritInParis is offline  
Old Jul 25th 2016, 2:53 am
  #26  
nun
BE Forum Addict
 
nun's Avatar
 
Joined: Aug 2004
Posts: 4,754
nun has a reputation beyond reputenun has a reputation beyond reputenun has a reputation beyond reputenun has a reputation beyond reputenun has a reputation beyond reputenun has a reputation beyond reputenun has a reputation beyond reputenun has a reputation beyond reputenun has a reputation beyond reputenun has a reputation beyond reputenun has a reputation beyond repute
Default 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.
nun is offline  
Old Jul 25th 2016, 9:45 am
  #27  
 
BritInParis's Avatar
 
Joined: Feb 2012
Location: Not in Paris
Posts: 18,194
BritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond repute
Default Re: Born in UK to USAF officer in 72, can I get a American passport?

Originally Posted by nun
If I lived in the UK I would not want US citizenship because of all the financial and taxation issues it would cause.
I get the impression the OP wants to migrate to the US.
BritInParis is offline  
Old Jul 25th 2016, 7:36 pm
  #28  
BE Commentator
 
S Folinsky's Avatar
 
Joined: Feb 2010
Location: Los Angeles, California
Posts: 8,427
S Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond repute
Default 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.
S Folinsky is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off



Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.