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Filed: Other Country: Canada
Timeline
Posted

Hello,

I am a Naturalized Canadian citizen born in Africa by an African mother and American father 40 years ago. My father past away a long time ago but he has 2 paternal sisters in the united states, i just found out about this from my adopted step brother who is also an american citizen but not related to me by blood. How can i go about getting my birth right as a child of a US citizen born overseas by a US Parent. Please i need help and guidance on what to do from any experienced member in this forum. Thanks in anticipation to your favorable replies

Posted
18 minutes ago, lilbro said:

How can i go about getting my birth right as a child of a US citizen born overseas by a US Parent

It’s actually a little more complicated than that.


When exactly is your birth date?

 

How much time did your father spend in the US? There are certain residence and physical requirements your father had to meet in order to transmit US citizenship to you. 
 

Were your father and mother married? In other words, were you born in or outside of wedlock?

 

You said someone just told you that your father was a US citizen. How can you prove that? Do you have a copy of his passport or his birth certificate? 
 

Some of these questions are intrusive, sorry. But the answers are needed to determine of you are a US citizen or not.

 

Filed: Other Country: Canada
Timeline
Posted

Hello, Thankyou for responding!

 

DOB: JAN 1979

 

My father spent almost all his life in the USA, except when he was on expat work in Africa.

 

Born out of wedlock.

 

No, I said I found out recently that my father is survived by 2 paternal sisters who are also US citizens.

 

His passport/or birth certificate I can get from my step brother if needed.

Filed: Citizen (apr) Country: Brazil
Timeline
Posted

Gather the required documents and apply for a US passport, a certificate of US citizenship, or both.  Do more research on both options at Department of State and USCIS websites.

 

https://travel.state.gov/content/travel/en/passports.html

 

https://www.uscis.gov/n-600

 

Good luck!

Posted
On 11/30/2019 at 12:11 AM, lilbro said:

Hello, Thankyou for responding!

 

DOB: JAN 1979

 

My father spent almost all his life in the USA, except when he was on expat work in Africa.

 

Born out of wedlock.

 

No, I said I found out recently that my father is survived by 2 paternal sisters who are also US citizens.

 

His passport/or birth certificate I can get from my step brother if needed.

 

Read here: 

https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-3

 

Based on what you said, you may be a US citizen by birth. You have a birth certificate indicating your father is your father, I assume? You probably can apply for a US passport with all the documents and see what they say. 

 

C. Child Born Out of Wedlock [11]

 

1. Child of U.S. Citizen Father

General Requirements for Fathers of Children Born Out of Wedlock 

The general requirements for acquisition of citizenship at birth [12] for a child born in wedlock also apply to a child born out of wedlock outside of the United States (or one of its outlying possessions) who claims citizenship through a U.S. citizen father. Specifically, the provisions apply in cases where:

  • A blood relationship between the child and the father is established by clear and convincing evidence;

  • The child’s father was a U.S. citizen at the time of the child’s birth; 

  • The child’s father (unless deceased) has agreed in writing to provide financial support for the child until the child reaches 18 years of age; and

  • One of the following criteria is met before the child reaches 18 years of age:

    • The child is legitimated under the law of his or her residence or domicile;

    • The father acknowledges in writing and under oath the paternity of the child; or

    • The paternity of the child is established by adjudication of a competent court.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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