Born In-Wedlock,Outside the U.S. but not blood related to the USC Parent

[Loii 0]

Hello and good day!

 

Before I ask some questions I'll tell you my story,

I was born on 4th of July 1988 in the Philippines may parents were married at the time I was born, my father (adoptive) is a USC and my mother (biological) is a Filipino Citizen, 

After I was born they went to the U.S. Embassy in Manila to process my papers to be an American Citizen, the U.S.  Embassy in Manila denied the application because me and my father (USC) were not 'blood-related' even I was born in-wedlock and they told my father to go in a different route which is the adoption then follow the I.N.A. process for adoptive USC parent etc., the adoption went well and the adoption decree was finalized, after 3 years my father tried again to go to the U.S. Embassy and while the documentation is in process my father unfortunately he passed away and then my mother stopped everything to focus in raising me in the Philippines.

 

I recently went to a U.S. Embassy in Saudi Arabia (I'm currently based here) to apply for a U.S. Passport (Just trying now I'm an adult) the consular officer denied my application because me and my father are not blood-related and she told me that there is zero chance that I'll get a U.S. Citizenship/Passport.

 

So my questions are:

1. Is the consular officer right about me having zero chance on having a U.S. Citizenship?

2. I was born in-wedlock, my father (USC) is on my birth certificate, do I really need to have blood relationship with him to be able to get a U.S. citizenship?

3. Am I eligible for naturalization through INA 322 if I apply now? I was under 18 on Feb. 27 2000 but my adoptive father (USC) died in 1991.

4. Is there any other option for me to take to be able to acquire a U.S. Citizenship?

 

 

Thanks hopefully I'll be enlighten.

[Coco8 1,039]

They only care about DNA. Being born in wedlock or who is on your birth certificate is not relevant for them.

 

I think it is too late because you are already 29.

 

Here:

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter5.html

 

it says:

 

The Child Citizenship Act of 2000 (CCA) amended the INA to cover foreign-born children who did not automatically acquire citizenship under INA 320 and who generally reside outside the United States with a U.S. citizen parent. ^[2] 

 

A genetic, legitimated, or adopted child who regularly resides outside of the United States is eligible for naturalization if all of the following conditions have been met:

 

•The child has at least one U.S. citizen parent by birth or through naturalization, (including an adoptive parent); ^[3] 

 

•The child’s U.S. citizen parent or citizen grandparent meets certain physical presence requirements in the United States or an outlying possession; ^[4] 

 

•The child is under 18 years of age;

 

•The child is residing outside of the United States in the legal and physical custody of the U.S. citizen parent, or of a person who does not object to the application if the U.S. citizen parent is deceased; and

 

•The child is lawfully admitted, physically present, and maintaining a lawful status in the United States at the time the application is approved and the time of naturalization. 

 

 

 

 

 

 

[Loii 0]

3 minutes ago, Coco8 said:

They only care about DNA. Being born in wedlock or who is on your birth certificate is not relevant for them.

 

I think it is too late because you are already 29.

 

Here:

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter5.html

 

it says:

 

The Child Citizenship Act of 2000 (CCA) amended the INA to cover foreign-born children who did not automatically acquire citizenship under INA 320 and who generally reside outside the United States with a U.S. citizen parent. ^[2] 

 

A genetic, legitimated, or adopted child who regularly resides outside of the United States is eligible for naturalization if all of the following conditions have been met:

 

•The child has at least one U.S. citizen parent by birth or through naturalization, (including an adoptive parent); ^[3] 

 

•The child’s U.S. citizen parent or citizen grandparent meets certain physical presence requirements in the United States or an outlying possession; ^[4] 

 

•The child is under 18 years of age;

 

•The child is residing outside of the United States in the legal and physical custody of the U.S. citizen parent, or of a person who does not object to the application if the U.S. citizen parent is deceased; and

 

•The child is lawfully admitted, physically present, and maintaining a lawful status in the United States at the time the application is approved and the time of naturalization. 

 

 

 

 

 

 

So most likely the consular officer is correct when she told me I have zero chance

[Boiler 43,692]

Correct

[f1660114 18]

34 minutes ago, Loii said:

1. Is the consular officer right about me having zero chance on having a U.S. Citizenship? Yes

2. I was born in-wedlock, my father (USC) is on my birth certificate, do I really need to have blood relationship with him to be able to get a U.S. citizenship? You really need to be biological child to get acquired citizenship or at least to be an adopted child to get immigrant visa to enter US.

3. Am I eligible for naturalization through INA 322 if I apply now? I was under 18 on Feb. 27 2000 but my adoptive father (USC) died in 1991. You would have become a USC if you had entered the US with an immigrant visa before you were 18 years old (no naturalization needed).

4. Is there any other option for me to take to be able to acquire a U.S. Citizenship? No to my knowledge

 

Reference at https://www.uscis.gov/adoption/your-child-immigrates-united-states

 

[Coco8 1,039]

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.

 

{Sorry, I posted this to a thread that was older but it was so similar to this one!}

 

Edit: Wait. Was this you too? 

 

Edited July 4, 2017 by Coco8