Unreported Child of a US citizen...need advice
Nov 12th 2008, 2:05 am
#16
Lost in BE Cyberspace
Joined: Jan 2007
Location: NW Chicago suburbs
Posts: 11,253
Nov 12th 2008, 2:09 am
#17
Lost in BE Cyberspace
Joined: Jan 2007
Location: NW Chicago suburbs
Posts: 11,253
Re: Unreported Child of a US citizen...need advice
According to this, you might be ok:
http://www.aca.ch/acane42.htm
"The Supreme Court has handed down a decision holding up a law which allows for discrimination against children born out of wedlock to an American father and an alien mother. The law states that an unwed American mother may automatically pass on American citizenship, but for an unwed American father to pass on citizenship, he must acknowledge paternity and agree to support the child before the child turns eighteen years old. The inequities of the law are particularly problematic for children who only learn of their paternity after they reach the age of eighteen.
The plaintiff in the case was Lorelyn Penero Miller, a Filipino national who was born out of wedlock to an American father stationed in the military in the Philippines and a Filipino mother. Ms. Miller applied for citizenship in 1992 while she was living in Texas with her father, but she was denied because the father had not established ties before she reached adulthood"
It sounds as if your father did acknowledge paternity, and I presume support you somewhat if he was married to your mother.
I wonder if a letter from both parents would suffice?
Also, is your father's name on your birth certificate?
http://www.aca.ch/acane42.htm
"The Supreme Court has handed down a decision holding up a law which allows for discrimination against children born out of wedlock to an American father and an alien mother. The law states that an unwed American mother may automatically pass on American citizenship, but for an unwed American father to pass on citizenship, he must acknowledge paternity and agree to support the child before the child turns eighteen years old. The inequities of the law are particularly problematic for children who only learn of their paternity after they reach the age of eighteen.
The plaintiff in the case was Lorelyn Penero Miller, a Filipino national who was born out of wedlock to an American father stationed in the military in the Philippines and a Filipino mother. Ms. Miller applied for citizenship in 1992 while she was living in Texas with her father, but she was denied because the father had not established ties before she reached adulthood"
It sounds as if your father did acknowledge paternity, and I presume support you somewhat if he was married to your mother.
I wonder if a letter from both parents would suffice?
Also, is your father's name on your birth certificate?
Nov 12th 2008, 2:26 am
#18
Just Joined
Thread Starter
Joined: Nov 2008
Posts: 21
Re: Unreported Child of a US citizen...need advice
According to this, you might be ok:
http://www.aca.ch/acane42.htm
"The Supreme Court has handed down a decision holding up a law which allows for discrimination against children born out of wedlock to an American father and an alien mother. The law states that an unwed American mother may automatically pass on American citizenship, but for an unwed American father to pass on citizenship, he must acknowledge paternity and agree to support the child before the child turns eighteen years old. The inequities of the law are particularly problematic for children who only learn of their paternity after they reach the age of eighteen.
The plaintiff in the case was Lorelyn Penero Miller, a Filipino national who was born out of wedlock to an American father stationed in the military in the Philippines and a Filipino mother. Ms. Miller applied for citizenship in 1992 while she was living in Texas with her father, but she was denied because the father had not established ties before she reached adulthood"
It sounds as if your father did acknowledge paternity, and I presume support you somewhat if he was married to your mother.
I wonder if a letter from both parents would suffice?
Also, is your father's name on your birth certificate?
http://www.aca.ch/acane42.htm
"The Supreme Court has handed down a decision holding up a law which allows for discrimination against children born out of wedlock to an American father and an alien mother. The law states that an unwed American mother may automatically pass on American citizenship, but for an unwed American father to pass on citizenship, he must acknowledge paternity and agree to support the child before the child turns eighteen years old. The inequities of the law are particularly problematic for children who only learn of their paternity after they reach the age of eighteen.
The plaintiff in the case was Lorelyn Penero Miller, a Filipino national who was born out of wedlock to an American father stationed in the military in the Philippines and a Filipino mother. Ms. Miller applied for citizenship in 1992 while she was living in Texas with her father, but she was denied because the father had not established ties before she reached adulthood"
It sounds as if your father did acknowledge paternity, and I presume support you somewhat if he was married to your mother.
I wonder if a letter from both parents would suffice?
Also, is your father's name on your birth certificate?
Nov 12th 2008, 2:29 am
#19
Lost in BE Cyberspace
Joined: Jan 2007
Location: NW Chicago suburbs
Posts: 11,253
Re: Unreported Child of a US citizen...need advice
The questions is a different one however - will the US consider you a citizen?
The question I wonder is what exactly did it mean "acknowledge paternity". Obviously, he's on your birth certificate, he did marry your mother, etc. Is that what they meant? Or did they mean he would have had to acknowledge it specifically to the US govt?
I'm afraid I don't know the answers to these questions. Maybe someone else will...
Nov 12th 2008, 2:32 am
#20
Lost in BE Cyberspace
Joined: Jan 2007
Location: NW Chicago suburbs
Posts: 11,253
Re: Unreported Child of a US citizen...need advice
OK, apparently you were actually using the correct term, be legitimised.
I would have thought you were - as he is on your birth certificate, and did marry your mother before age 18.
Here's a discussion of the relevent case:
http://gladstone.uoregon.edu/~uofla/...99/Tauber.html
I will try to look for the actual law they're referring to.
I would have thought you were - as he is on your birth certificate, and did marry your mother before age 18.
Here's a discussion of the relevent case:
http://gladstone.uoregon.edu/~uofla/...99/Tauber.html
I will try to look for the actual law they're referring to.
Nov 12th 2008, 2:33 am
#21
Just Joined
Thread Starter
Joined: Nov 2008
Posts: 21
Re: Unreported Child of a US citizen...need advice
You're obviously legimate, imo.
The questions is a different one however - will the US consider you a citizen?
The question I wonder is what exactly did it mean "acknowledge paternity". Obviously, he's on your birth certificate, he did marry your mother, etc. Is that what they meant? Or did they mean he would have had to acknowledge it specifically to the US govt?
I'm afraid I don't know the answers to these questions. Maybe someone else will...
The questions is a different one however - will the US consider you a citizen?
The question I wonder is what exactly did it mean "acknowledge paternity". Obviously, he's on your birth certificate, he did marry your mother, etc. Is that what they meant? Or did they mean he would have had to acknowledge it specifically to the US govt?
I'm afraid I don't know the answers to these questions. Maybe someone else will...
im going to send of my application for my passport wiht all the things that they need to go along wiht it and see what happens.
Nov 12th 2008, 2:37 am
#22
Lost in BE Cyberspace
Joined: Jan 2007
Location: NW Chicago suburbs
Posts: 11,253
Re: Unreported Child of a US citizen...need advice
http://www.law.cornell.edu/uscode/8/...9----000-.html
(a) The provisions of paragraphs (c), (d), (e), and (g) of section 1401 of this title, and of paragraph (2) of section 1408 of this title, shall apply as of the date of birth to a person born out of wedlock if—
(1) a blood relationship between the person and the father is established by clear and convincing evidence,
(2) the father had the nationality of the United States at the time of the person’s birth,
(3) the father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and
(4) while the person is under the age of 18 years—
(A) the person is legitimated under the law of the person’s residence or domicile,
(B) the father acknowledges paternity of the person in writing under oath, or
(C) the paternity of the person is established by adjudication of a competent court.
The question would appear to be section (3). But I wonder if it could be argued that he did that, by marrying your mother.
I've now reached the point where I am just speculating I'm afraid - perhaps someone else will know, or perhaps you need a one-time consultation with a US attorney experienced in these matters.
(a) The provisions of paragraphs (c), (d), (e), and (g) of section 1401 of this title, and of paragraph (2) of section 1408 of this title, shall apply as of the date of birth to a person born out of wedlock if—
(1) a blood relationship between the person and the father is established by clear and convincing evidence,
(2) the father had the nationality of the United States at the time of the person’s birth,
(3) the father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and
(4) while the person is under the age of 18 years—
(A) the person is legitimated under the law of the person’s residence or domicile,
(B) the father acknowledges paternity of the person in writing under oath, or
(C) the paternity of the person is established by adjudication of a competent court.
The question would appear to be section (3). But I wonder if it could be argued that he did that, by marrying your mother.
I've now reached the point where I am just speculating I'm afraid - perhaps someone else will know, or perhaps you need a one-time consultation with a US attorney experienced in these matters.
Nov 12th 2008, 2:38 am
#23
Lost in BE Cyberspace
Joined: Jan 2007
Location: NW Chicago suburbs
Posts: 11,253
Re: Unreported Child of a US citizen...need advice
Hi - our posts crossed.
Sure, I guess you have nothing to lose by sending it off. I'd include things like your birth certificate, copy of parents marriage certificate, and letters from both parents if you can.
Please let us know how it turns out
Sure, I guess you have nothing to lose by sending it off. I'd include things like your birth certificate, copy of parents marriage certificate, and letters from both parents if you can.
Please let us know how it turns out
Nov 12th 2008, 2:43 am
#24
Just Joined
Thread Starter
Joined: Nov 2008
Posts: 21
Re: Unreported Child of a US citizen...need advice
will do thank again for your help
Nov 12th 2008, 2:44 am
#25
Lost in BE Cyberspace
Joined: Jan 2007
Location: NW Chicago suburbs
Posts: 11,253
Nov 12th 2008, 3:07 am
#26
Account Closed
Joined: Sep 2007
Posts: 138
Re: Unreported Child of a US citizen...need advice
The pertinent section of the Immigration and Nationality Act. In the case of a child born out of wedlock to a U. S. citizen father financial support is part of the equation:
http://www.uscis.gov/propub/ProPubVA...16a4cb816838a4
INA: ACT 309 - CHILDREN BORN OUT OF WEDLOCK
Sec. 309. [8 U.S.C. 1409]
(a) The provisions of paragraphs (c), (d), (e), and (g) of section 301, and of paragraph (2) of section 308, shall apply as of the date of birth to a person born out of wedlock if-
(1) a blood relationship between the person and the father is established by clear and convincing evidence,
(2) the father had the nationality of the United States at the time of the person's birth,
(3) the father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and
(4) while the person is under the age of 18 years-
(A) the person is legitimated under the law of the person's residence or domicile,
(B) the father acknowledges paternity of the person in writing under oath, or
(C) the paternity of the person is established by adjudication of a competent court.
(b) Except as otherwise provided in section 405, the provisions of section 301(g) shall apply to a child born out of wedlock on or after January 13, 1941, and before December 24, 1952, as of the date of birth, if the paternity of such child is established at any time while such child is under the age of twenty-one years by legitimation.
(c) Notwithstanding the provision of subsection (a) of this section, a person born, after December 23, 1952, outside the United States and out of wedlock shall be held to have acquired at birth the nationality status of his mother, if the mother had the nationality of the United States at the time of such person's birth, and if the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of one year.
http://www.uscis.gov/propub/ProPubVA...16a4cb816838a4
INA: ACT 309 - CHILDREN BORN OUT OF WEDLOCK
Sec. 309. [8 U.S.C. 1409]
(a) The provisions of paragraphs (c), (d), (e), and (g) of section 301, and of paragraph (2) of section 308, shall apply as of the date of birth to a person born out of wedlock if-
(1) a blood relationship between the person and the father is established by clear and convincing evidence,
(2) the father had the nationality of the United States at the time of the person's birth,
(3) the father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and
(4) while the person is under the age of 18 years-
(A) the person is legitimated under the law of the person's residence or domicile,
(B) the father acknowledges paternity of the person in writing under oath, or
(C) the paternity of the person is established by adjudication of a competent court.
(b) Except as otherwise provided in section 405, the provisions of section 301(g) shall apply to a child born out of wedlock on or after January 13, 1941, and before December 24, 1952, as of the date of birth, if the paternity of such child is established at any time while such child is under the age of twenty-one years by legitimation.
(c) Notwithstanding the provision of subsection (a) of this section, a person born, after December 23, 1952, outside the United States and out of wedlock shall be held to have acquired at birth the nationality status of his mother, if the mother had the nationality of the United States at the time of such person's birth, and if the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of one year.
Nov 12th 2008, 3:21 am
#27
Lost in BE Cyberspace
Joined: Jan 2007
Location: NW Chicago suburbs
Posts: 11,253
Re: Unreported Child of a US citizen...need advice
The pertinent section of the Immigration and Nationality Act. In the case of a child born out of wedlock to a U. S. citizen father financial support is part of the equation:
http://www.uscis.gov/propub/ProPubVA...16a4cb816838a4
INA: ACT 309 - CHILDREN BORN OUT OF WEDLOCK
Sec. 309. [8 U.S.C. 1409]
(a) The provisions of paragraphs (c), (d), (e), and (g) of section 301, and of paragraph (2) of section 308, shall apply as of the date of birth to a person born out of wedlock if-
(1) a blood relationship between the person and the father is established by clear and convincing evidence,
(2) the father had the nationality of the United States at the time of the person's birth,
(3) the father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and
(4) while the person is under the age of 18 years-
(A) the person is legitimated under the law of the person's residence or domicile,
(B) the father acknowledges paternity of the person in writing under oath, or
(C) the paternity of the person is established by adjudication of a competent court.
(b) Except as otherwise provided in section 405, the provisions of section 301(g) shall apply to a child born out of wedlock on or after January 13, 1941, and before December 24, 1952, as of the date of birth, if the paternity of such child is established at any time while such child is under the age of twenty-one years by legitimation.
(c) Notwithstanding the provision of subsection (a) of this section, a person born, after December 23, 1952, outside the United States and out of wedlock shall be held to have acquired at birth the nationality status of his mother, if the mother had the nationality of the United States at the time of such person's birth, and if the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of one year.
http://www.uscis.gov/propub/ProPubVA...16a4cb816838a4
INA: ACT 309 - CHILDREN BORN OUT OF WEDLOCK
Sec. 309. [8 U.S.C. 1409]
(a) The provisions of paragraphs (c), (d), (e), and (g) of section 301, and of paragraph (2) of section 308, shall apply as of the date of birth to a person born out of wedlock if-
(1) a blood relationship between the person and the father is established by clear and convincing evidence,
(2) the father had the nationality of the United States at the time of the person's birth,
(3) the father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and
(4) while the person is under the age of 18 years-
(A) the person is legitimated under the law of the person's residence or domicile,
(B) the father acknowledges paternity of the person in writing under oath, or
(C) the paternity of the person is established by adjudication of a competent court.
(b) Except as otherwise provided in section 405, the provisions of section 301(g) shall apply to a child born out of wedlock on or after January 13, 1941, and before December 24, 1952, as of the date of birth, if the paternity of such child is established at any time while such child is under the age of twenty-one years by legitimation.
(c) Notwithstanding the provision of subsection (a) of this section, a person born, after December 23, 1952, outside the United States and out of wedlock shall be held to have acquired at birth the nationality status of his mother, if the mother had the nationality of the United States at the time of such person's birth, and if the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of one year.
The question appears to be the financial support part. But as he married her mother, perhaps that will suffice.
Nov 12th 2008, 3:36 am
#28
Just Joined
Thread Starter
Joined: Nov 2008
Posts: 21
Re: Unreported Child of a US citizen...need advice
Nov 12th 2008, 3:47 am
#29
Concierge
Joined: Apr 2001
Posts: 46,477
Re: Unreported Child of a US citizen...need advice
At issue is no longer that she was born out of wedlock. It has been eliminated since the OP's biological father married her biological mother, thus establishing her legitimacy in the eyes of the law. Since she is no longer an illegitimate child the provisions below do not apply to her since she did live with her father even if for a short time.
The pertinent section of the Immigration and Nationality Act. In the case of a child born out of wedlock to a U. S. citizen father financial support is part of the equation:
http://www.uscis.gov/propub/ProPubVA...16a4cb816838a4
INA: ACT 309 - CHILDREN BORN OUT OF WEDLOCK
Sec. 309. [8 U.S.C. 1409]
(a) The provisions of paragraphs (c), (d), (e), and (g) of section 301, and of paragraph (2) of section 308, shall apply as of the date of birth to a person born out of wedlock if-
(1) a blood relationship between the person and the father is established by clear and convincing evidence,
(2) the father had the nationality of the United States at the time of the person's birth,
(3) the father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and
(4) while the person is under the age of 18 years-
(A) the person is legitimated under the law of the person's residence or domicile,
(B) the father acknowledges paternity of the person in writing under oath, or
(C) the paternity of the person is established by adjudication of a competent court.
(b) Except as otherwise provided in section 405, the provisions of section 301(g) shall apply to a child born out of wedlock on or after January 13, 1941, and before December 24, 1952, as of the date of birth, if the paternity of such child is established at any time while such child is under the age of twenty-one years by legitimation.
(c) Notwithstanding the provision of subsection (a) of this section, a person born, after December 23, 1952, outside the United States and out of wedlock shall be held to have acquired at birth the nationality status of his mother, if the mother had the nationality of the United States at the time of such person's birth, and if the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of one year.
http://www.uscis.gov/propub/ProPubVA...16a4cb816838a4
INA: ACT 309 - CHILDREN BORN OUT OF WEDLOCK
Sec. 309. [8 U.S.C. 1409]
(a) The provisions of paragraphs (c), (d), (e), and (g) of section 301, and of paragraph (2) of section 308, shall apply as of the date of birth to a person born out of wedlock if-
(1) a blood relationship between the person and the father is established by clear and convincing evidence,
(2) the father had the nationality of the United States at the time of the person's birth,
(3) the father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and
(4) while the person is under the age of 18 years-
(A) the person is legitimated under the law of the person's residence or domicile,
(B) the father acknowledges paternity of the person in writing under oath, or
(C) the paternity of the person is established by adjudication of a competent court.
(b) Except as otherwise provided in section 405, the provisions of section 301(g) shall apply to a child born out of wedlock on or after January 13, 1941, and before December 24, 1952, as of the date of birth, if the paternity of such child is established at any time while such child is under the age of twenty-one years by legitimation.
(c) Notwithstanding the provision of subsection (a) of this section, a person born, after December 23, 1952, outside the United States and out of wedlock shall be held to have acquired at birth the nationality status of his mother, if the mother had the nationality of the United States at the time of such person's birth, and if the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of one year.
Nov 12th 2008, 4:00 am
#30
Just Joined
Thread Starter
Joined: Nov 2008
Posts: 21
Re: Unreported Child of a US citizen...need advice
At issue is no longer that she was born out of wedlock. It has been eliminated since the OP's biological father married her biological mother, thus establishing her legitimacy in the eyes of the law. Since she is no longer an illegitimate child the provisions below do not apply to her since she did live with her father even if for a short time.
so what does that mean, i just complete my application and apply?
