21 F From Mexico with a Decesased US Citizen Father

[mora88 1]

Hello,

 

As a preliminary note, I am new to this forum so please be patient with me in case I unwittingly break any rules or don't provide enough information. I will be happy to correct or update anything that is needed.

 

I'm making this post for my girlfriend. She is currently a Mexican citizen and 21 years old. Her father was a US Citizen; her mother is not. The father passed away in mid-2019. At the time of my girlfriend's birth, the father was already a US citizen and had been for at least 5 years (I can pinpoint a more accurate figure if necessary). Furthermore, the father had designated the daughter as a dependent on US tax forms. Indeed, I believe, but am not 100% sure, we have her birth certificate, her parents' marriage certificate, proof her father was a United States at the time of her birth, proof her father was a United States citizen, and evidence that her father was residing in the United States.

 

Now, is my girlfriend eligible for citizenship, and if yes, what steps can she now take in order to receive US citizenship? Will my girlfriend need a sponsor from the USA (I'm not sure if I can fill that role as her boyfriend)? We were thinking of calling a US consulate in Mexico and making an appointment, but we didn't want to start the process before preparing. Last question: should we consult an immigration attorney or is this a scenario clear-cut enough to just apply ourselves? I only ask as I would like to avoid invoking hefty legal fees if necessary, but if a lawyer is needed then a lawyer is needed.

 

Please let me know if further details or information is needed—I'll be happy to provide them.

 

Thank you!

 

[Timona 4,207]

No need for an attorney. Super easy on this one.

 

With USC dad, she was a citizen from day 1. Applying otherwise, will just get a rejection as was the case from a poster 1 month ago. That poster had applied for AOS only to be told at interview that he's ineligible as he was USC when his parents crossed the border (under 18 at that time, USC parents, I presume). AOS $$ wasn't refunded, ouch...

 

Just CRBA would be needed. However, with the dad being deceased, I'm not sure how that will play. But it should still be doable, nonetheless. 

 

@HRQX @Crazy Catmaybe can help. 

[HRQX 4,145]

55 minutes ago, Timona said:

Just CRBA would be needed.

She is not eligible for a CRBA since she is over 18, so she'll have to apply for a US passport at the US embassy/consulate. Here is a guide, but certain things might be slightly different since the link is from US Embassy in the Netherlands: https://nl.usembassy.gov/u-s-citizen-services/child-family-matters/claiming-citizenship-born-outside-united-states/ "Claiming citizenship after age 18 – born outside the United States"

2 hours ago, mora88 said:

and evidence that her father was residing in the United States.

Here is a table for transmission requirements: https://nl.usembassy.gov/wp-content/uploads/sites/148/transmission_tables.pdf

 

Evidence of Phycical Presence in the United States of U.S. Citizen Parent(s)

Prepare documentary evidence of periods of physical presence in the United States of your U.S. citizen parent(s) prior to your birth, including periods of physical presence outside the United States when the parent served in the U.S. armed forces or were employed by other U.S. government agencies (if applicable). Please consult the Table of Transmission Requirements for physical presence requirements applicable at the time of your birth.

 

For more information on how to document physical presence in the United States, click here.  Note that these requirements are the same as if you were under 18 and your parents were applying for you.

[Timona 4,207]

1. When exactly was your GF born?

2. When exactly did her dad become USC?

3. Why didn't the dad apply for her papers all this while? That's questionable. 

 

@mora88

 

Thanks @HRQX. Now I'm conversant with CRBA. I read through the links.🙌

Edited November 8, 2021 by Timona

[Redro 4,611]

5 hours ago, mora88 said:

Hello,

 

As a preliminary note, I am new to this forum so please be patient with me in case I unwittingly break any rules or don't provide enough information. I will be happy to correct or update anything that is needed.

 

I'm making this post for my girlfriend. She is currently a Mexican citizen and 21 years old. Her father was a US Citizen; her mother is not. The father passed away in mid-2019. At the time of my girlfriend's birth, the father was already a US citizen and had been for at least 5 years (I can pinpoint a more accurate figure if necessary). Furthermore, the father had designated the daughter as a dependent on US tax forms. Indeed, I believe, but am not 100% sure, we have her birth certificate, her parents' marriage certificate, proof her father was a United States at the time of her birth, proof her father was a United States citizen, and evidence that her father was residing in the United States.

 

Now, is my girlfriend eligible for citizenship, and if yes, what steps can she now take in order to receive US citizenship? Will my girlfriend need a sponsor from the USA (I'm not sure if I can fill that role as her boyfriend)? We were thinking of calling a US consulate in Mexico and making an appointment, but we didn't want to start the process before preparing. Last question: should we consult an immigration attorney or is this a scenario clear-cut enough to just apply ourselves? I only ask as I would like to avoid invoking hefty legal fees if necessary, but if a lawyer is needed then a lawyer is needed.

 

Please let me know if further details or information is needed—I'll be happy to provide them.

 

Thank you!

 

If the father claimed his daughter as a dependent on his US tax forms, does this mean your girlfriend has a social security number? 

And if she has a social security number how did she get it? 

Has she ever been to the US and if so what was her status when in the States? 

 

I might be reading the instructions incorrectly, but it appears if you want to claim a dependent on your US tax returns you need to provide a SSN. 

 

https://www.irs.gov/faqs/filing-requirements-status-dependents/dependents/dependents-9

Edited November 8, 2021 by Kor2USA

[HRQX 4,145]

13 minutes ago, Kor2USA said:

does this mean your girlfriend has a social security number?

She probably doesn't. The SSN requirement for Child Tax Credit is from the Tax Cuts and Jobs Act of 2017. In the past tax payers were able to use an ITIN (Individual Taxpayer Identification Number) or an ATIN (Adoption Tax Identification Number) in place of a SSN for the Child Tax Credit. This is no longer the case.

Edited November 8, 2021 by HRQX

[Chancy 6,241]

13 hours ago, mora88 said:

the father had designated the daughter as a dependent on US tax forms.

 

Unfortunately, tax returns filed after your GF's birth are useless as evidence that she has claim to US citizenship.  Also, proof of her father's US citizenship at her birth is not enough.  Does she have evidence that her father was physically present in the US for 5 years or more before her birth, 2 of which were after he turned 14?  Evidence like his school transcripts or employment records in the US?  If he was not yet a US citizen for some of those 5 years, that's ok, as long as the evidence shows that he was in the US.

 

[Chancy 6,241]

*** Moved from Bringing Family of USC forum to US Citizenship General Discussion -- topic is about adult child of USC proving claim to citizenship ***

 

[HRQX 4,145]

15 hours ago, Timona said:

Why didn't the dad apply for her papers all this while? That's questionable.

Now that he is deceased I wonder what the embassy would accept in place of Form DS-5507 (Affidavit of Parentage) that is signed by the US citizen parent in front of the CO or in front of a US Notary.

Edited November 8, 2021 by HRQX

[Timona 4,207]

2 hours ago, HRQX said:

Now that he is deceased I wonder what the embassy would accept in place of Form DS-5507 (Affidavit of Parentage) that is signed by the US citizen parent in front of the CO or in front of a US Notary.

 

That is what I was trying to figure out too.

[mora88 1]

Hey all, reviving this thread. Thank you for the replies!

 

We have gathered evidence over the past few months to prove that the father was a US citizen. We even had a consultation with an attorney, and he said that our case looks pretty good. Right now, we are trying to set up an appointment by filing a DS-11 passport application at a US consulate in Mexico. However, as mentioned in the thread, Form DS-5507 (Affidavit of Parentage) is needed for submission. I was wondering what we should do; calling the US consulate in Mexico is turning out fruitless. Should we turn in the form blank and explain why during the appointment? That doesn't sound great but it's the only solution I can think of. Thanks!