Children need Cert. of Citizenship
Mar 27th 2001, 7:34 pm
#1
Guest
Posts: n/a
I'm looking for some help!
I have two children living with me that are my wife's 1/2 brothers (by blood, through
their natural father).
Their father was a U.S. citizen, and their mother is a Mexican national, in jail for
killing their father.
INS keeps dragging their feet on this one. The main issue appears to be that Mom and
Dad were never legally married.
Do I have any chance at all of getting these boys (who haven't been in Mexico since
they were born), a certificate of cizenship?
Thanks
I have two children living with me that are my wife's 1/2 brothers (by blood, through
their natural father).
Their father was a U.S. citizen, and their mother is a Mexican national, in jail for
killing their father.
INS keeps dragging their feet on this one. The main issue appears to be that Mom and
Dad were never legally married.
Do I have any chance at all of getting these boys (who haven't been in Mexico since
they were born), a certificate of cizenship?
Thanks
Mar 28th 2001, 2:40 am
#2
Guest
Posts: n/a
Carl Newberg wrote:
> I have two children living with me that are my wife's 1/2 brothers (by blood,
> through their natural father). Their father was a U.S. citizen, and their
> mother is a Mexican national, in jail for killing their father. INS keeps drag-
> ging their feet on this one. The main issue appears to be that Mom and Dad were
> never legally married. Do I have any chance at all of getting these boys (who
> haven't been in Mexico since they were born), a certificate of citizenship?
Short answer: Maybe. Talk to an immigration lawyer, though.
Longer answer:
The relevant statutes would be sections 301(g) and 309(a) of the Immigration and
Nationality Act [8 USC 1401(g) and 1409(a)].
INA 301(g) requires that the American parent (in this case, the father) must have
spent a certain minimum amount of time in the US before the child's birth outside the
US. In the case of children born on or after 14 November 1986, the required minimum
is five years in the US -- of which at least two must have been after the parent's
14th birthday. For children born before 14 November 1986, the requirement is for ten
years in the US, including at least five after the parent turned 14.
INA 309(a) imposes additional requirements in the case of a child born outside the
US, out of wedlock, to an American father and a foreign mother. Basically, the
father's paternity must be formally established, and the father (if still living)
must agree to support the child finan- cially until his/her 18th birthday.
It may be worth noting that INA 309(a) is currently being challenged on
sex-discrimination grounds in a case before the US Supreme Court (Nguyen and Boulais
v. INS), because a foreign-born illegitimate child of an American mother and a
foreign father has a far easier time getting US citizenship by birth [see INA 309(c),
8 USC 1409(c)]. The court heard oral arguments in this case in January, and a ruling
(which could easily go either way) is expected by June.
Another possible course of action (assuming the kids are under 18) might be for you
and your wife to adopt them. Under the newly enacted Child Citizenship Act of 2000, a
minor child adopted by a US citizen, if permanently (and legally) residing in the US
by the adoptive parent
(i.e., with a "green card"), acquires US citizenship =immediately= and
=automatically= when the adoption becomes final.
As with any nontrivial case of this sort, the best thing to do is probably to discuss
things with an experienced immigration lawyer.
Rich Wales [email protected] http://www.webcom.com/richw/dualcit/
*DISCLAIMER: I am not a lawyer, professional immigration consultant,
or consular officer. My comments are for discussion purposes only and
are not intended to be relied upon as legal or professional advice.
> I have two children living with me that are my wife's 1/2 brothers (by blood,
> through their natural father). Their father was a U.S. citizen, and their
> mother is a Mexican national, in jail for killing their father. INS keeps drag-
> ging their feet on this one. The main issue appears to be that Mom and Dad were
> never legally married. Do I have any chance at all of getting these boys (who
> haven't been in Mexico since they were born), a certificate of citizenship?
Short answer: Maybe. Talk to an immigration lawyer, though.
Longer answer:
The relevant statutes would be sections 301(g) and 309(a) of the Immigration and
Nationality Act [8 USC 1401(g) and 1409(a)].
INA 301(g) requires that the American parent (in this case, the father) must have
spent a certain minimum amount of time in the US before the child's birth outside the
US. In the case of children born on or after 14 November 1986, the required minimum
is five years in the US -- of which at least two must have been after the parent's
14th birthday. For children born before 14 November 1986, the requirement is for ten
years in the US, including at least five after the parent turned 14.
INA 309(a) imposes additional requirements in the case of a child born outside the
US, out of wedlock, to an American father and a foreign mother. Basically, the
father's paternity must be formally established, and the father (if still living)
must agree to support the child finan- cially until his/her 18th birthday.
It may be worth noting that INA 309(a) is currently being challenged on
sex-discrimination grounds in a case before the US Supreme Court (Nguyen and Boulais
v. INS), because a foreign-born illegitimate child of an American mother and a
foreign father has a far easier time getting US citizenship by birth [see INA 309(c),
8 USC 1409(c)]. The court heard oral arguments in this case in January, and a ruling
(which could easily go either way) is expected by June.
Another possible course of action (assuming the kids are under 18) might be for you
and your wife to adopt them. Under the newly enacted Child Citizenship Act of 2000, a
minor child adopted by a US citizen, if permanently (and legally) residing in the US
by the adoptive parent
(i.e., with a "green card"), acquires US citizenship =immediately= and
=automatically= when the adoption becomes final.
As with any nontrivial case of this sort, the best thing to do is probably to discuss
things with an experienced immigration lawyer.
Rich Wales [email protected] http://www.webcom.com/richw/dualcit/
*DISCLAIMER: I am not a lawyer, professional immigration consultant,
or consular officer. My comments are for discussion purposes only and
are not intended to be relied upon as legal or professional advice.
