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Do I have a claim on US citizenship if I was born in wedlock but only with a US Citizen adoptive father?

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Filed: K-1 Visa Country: Wales
Timeline
Posted

Adoption can lead to immigration and then US Citizenship but obviously with his passing that dead ended.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

Wow your post catch my attention to see is there is any chance to give you information, I am not a lawyer.

Reading at uscis page it seems that you can apply, there is a specific topic that make me doubt an is related to the years after your adoptive father died that allow you to apply. But in my opinion  you should apply so you shoud try in my opinion.   

There are a lot of lawyers that can help you with that, as a pro bono activity. You can write letters, of course not the first one is going to be taken for a lawyer but someone will help you. I have two friends that were in a desperate immigration situation, one of them in jail, and they wrote a lot of letters to lawyers and appear several lawyers interested for free. there are also lawyers they give you the first visit for free just to evaluate the case and evaluate feasibility   Also keep in mind that most of the lawyers give you the chance to pay in several parts.

wish you the best !

 

Filed: Timeline
Posted (edited)

Save your time and your money.  Sorry -- it is really clear that you have no claim to US citizenship.  

 

Without a blood relationship, US citizenship is not automatically transferred to a child, even if/when that child is adopted.  Whether your biological father was alive at the titme of the adoption has nothing to do with your case; being born in or out of wedlock also has no bearing on the case, even if your adopted father is on your birth certificate.  DO NOT TRY USING THE BIRTH CERTIFICATE LISTING THE US CITIZEN FATHER WITHOUT ACKNOWLEDGING HE WAS NOT YOUR BIOLOGICAL FATHER.  The information from the CRBA/passport application your father made will still on file in State Department records.

 

The only way you could have gained US cittizenship from your adoptive father would be if you had immigrated to the US and been admitted as a legal permanent resident. You could have then eventually naturalized.  Or, if that had happened before you were 18 years old, you would have benefitted when the Child Citizenship Act was passed in 2001.  Under that law, an adopted child who enters the US prior to turning 18, in the custody of a US citzen parent, and is admitted as a permanent resident, he/she automatically becomes a US citizen.  

 

It is too late for you under the CCA and, without a blood relationship to a US citizen parent, you have no pathway to citizenship.

 

Edited by jan22
  • 4 months later...
Posted

I just read this article on the NYTimes https://www.nytimes.com/2017/07/02/world/asia/south-korea-adoptions-phillip-clay-adam-crapser.html

 

The US has deported and is still deporting many adults that had been adopted abroad as kids because their American parents never went through the paperwork to give them citizenship. They lived their whole lives in the US thinking they were Americans. It is pretty crazy.

Filed: K-1 Visa Country: Wales
Timeline
Posted
Quote

 in 2012, after numerous arrests and a struggle with drug addiction, he was deported back to his birth country, South Korea.

 

Nuff said

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-1 Visa Country: Wales
Timeline
Posted
4 hours ago, Coco8 said:

If every American who got arrested or had a drug problem were deported, there would be nobody left. 

 

A guy with 2 kids and a wife also got deported. 

Who mentioned drug problem? I am sure Americans are deported regularly, have seen a few stories.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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