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Child Born Out of wedlock in foreign country can get US passport in USA

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Hello there

The Mods can move this to the right forum as I am none to sure if this is the right one.
I just wanted to put some information out there for those who may have been in the same situation as myself.

I came to the US with my then ten month old son on the Visa Waiver Program. He came on my passport and so when i overstayed my stay.. so did he. The difference with him is that his father was a US citizen who was willing to file for him. Initially we considered returning to the UK in order to get a CRBA for him but as time went on that became a difficult step to make. The US department of State told me that we could apply for a US passport from within the US so that is what we did.
Now anyone who has filed for a child out of wedlock knows that there are additional steps in order for a child to acquire citizenship at birth.

  • You have to prove clear and convincing evidence that the child is biologically connected to the father.
  • The father has to have had at least 5 years residence in the US with at least 2 years after the age of 14.
  • He has to both acknowledge parentage and sign a declaration of financial responsibility.

It seems simple but it is a bit more complex than that. My son's father had since moved to Europe and so now I had to wait for him to return to the US in order to execute the passport application. By the time we were able to get things situated my son was 17 years old. Yes 17.
So we went to the court to do the application and it was challenging because the clerk really didnt know what to do. I had already read the directives for the passport and so I knew it was simple but getting the clerk to understand what needed to be done was another thing.
The application was sent off and we received a request for more information.
They wanted proof of my son's residence in the US and proof for the time that the father was in the US.
I sent both and then they called me for an interview in the NY office.

When I got there.It was not a regular interview. There were agents from the diplomatic security service whom informed me that my son's application had some red flags. The red flags being the fact that we waited so long to present him as a citizen. I explained the (rather long) situation and they seemed to understand. They mentioned that there may be a need for a DNA test which would have been fine if the father was not residing in Europe however his mother lived here and it was possible to do DNA through them.
They said that they would contact me to interview my non 18 year old son and that was that,

After a month of not hearing from them, we called them and they told us to return to the agency.
We did and they had some questions for my son. They asked him why he didnt have a social security number and ID (fairly obvious why). They wanted my sons fathers telephone number which I provided and I was able to give them more documents to support the application.
Three days later my sons passport was in the mail.

I left out a lot but I wanted to put it out there that it is possible to get this done in the US. Thanks for reading.

03/09/2011 AOS Application Sent.
03/11/2011 (Day 0) Application Received
03/16/2011 (Day 7) NOA 1 (Text Email)+ (Checks Cashed)
03/19/2011 (Day 10) Hard Copy of NOA 1
03/28/2011 (Day 19) Biometrics letter 4/8/2011
04/08/2011 (Day 30) Successful Biometrics for I-765/I-485
05/13/2011 (Day 65) EAD received in the mail
05/14/2011 (Day 66) Email confirming EAD approved (Case updated online TOUCH)
05/20/2011 (Day 72) SSN In the Mail.

09/08/2011 (Day 200 ) Email notification of Interview.
10/11/2011 Interview at 26 Federal Plaza, NY!
Interviewed and Am expecting RFEs!
10/13/2011 (Day ***) Received RFE-- Requesting that I provide documentation to prove I was never married in Uk or Illin
02/11/2012 (Day ***) Service request..Told its being reviewed by supervisor

24th March 2012!!!!!!!!!!! Email notifiying me of CARD IN PRODUCTION
03/26/2012 (Day 376) Emails confirming that my I-130 and I-485 have been approved.

4/2/2012 Green Card In Hand!

Unbelievable that my journey took this long but Im thankful

Next Stop Premed...Yup!

3/24/2014 Application for conditions to be removed

9/22/2014 APPROVED without interview.

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