Can I apply for my US Citizenship?

[jonny33]

Hey there,
I am Canadian, born in 1980 to a Canadian mom in Vancouver. My dad was born and raised and spent his entire life in the US as a dentist in Seattle (still is). He was always a part of my life, but never claimed me on his taxes. I am just now wanting my US citizenship. Am I too old now? Do I have any options? Me, my wife and kid are looking to move down there.

I have my dad's birth cert, passport and access to most of his info - bus, records, etc. I also have photos of us together, cards he sent, and could get another dentist friend of his that lives in Vancouver to vouch for our relationship if needed. I have DNA tests done, and his name is on my CDN birth cert.

I tried applying for a passport a few years ago and was quickly denied at my appt - they said I'm too old and have no option of gaining my citizenship.

Is it worth my money to hire a lawyer at this point? ($400 cdn for the initial consultation appt)

MUCH appreciate any help!

[newacct]

Were you born in wedlock (i.e. were your biological parents married to each other at the time you were born)?

[jonny33]

Were you born in wedlock (i.e. were your biological parents married to each other at the time you were born)?

no, they were never married.

[newacct]

So that's the problem. Although US citizenship at birth is usually decided only by the conditions at the time of birth (i.e. the parent's amount of presence in the US prior to that point, which your father meets), and not on any action done after birth, there are special rules for children born out of wedlock to a US father, where certain things must be done before the child turns 18 in order for the child to be considered a citizen at birth. Specifically, 1) the father must acknowledge the paternity or the paternity must be established by a competent court before the child turns 18, and 2) the father must have made a written statement before the child turns 18, under oath, to support the child until they turn 18. The second one (written statement of support) is unlikely to have happened unless he applied for a CRBA for you at a US consulate.

However, the rules for being born out of wedlock to a US father are likely going to be retroactively changed soon. A pending Supreme Court case, Sessions v. Morales-Santana (formerly Lynch v. Morales-Santana), is challenging the gender disparity in the physical presence requirement for children born out of wedlock (out of wedlock to US father, like in wedlock, requires 5 years of physical presence, including 2 years after turning 14, whereas out of wedlock to US mother requires 1 continuous year of physical presence in the US). I am not sure whether they will only strike down the time disparity, or will also strike down the additional requirements regarding paternity and written statement of support that also don't exist for those out of wedlock to US mothers.

[jonny33]

Hmmm .. ok, that makes sense and is most likely what I was told by US officials at my passport meeting years ago.
A friend told me it may be worth hiring an immigration lawyer (in the US) to explore other options: getting a green card or getting my dad to file an I-130 petition?
Do you think I have any options there?

That's interesting about the supreme court case - I wonder when that decision will come down? Hopefully soon as my dad is pushing 82!

Thanks for your help!

[newacct]

There's not really any point for a lawyer. Your dad can of course petition you. Note that unmarried over-21 child of US citizen is in the F1 category, which has a wait of about 6.5 years; married over-21 child of US citizen is in the F3 category, which has a wait of almost 12 years. You may consider other ways of immigrating, e.g. marrying a US citizen, or employment-based, etc.

[jonny33]

Thanks. Found the chart below and I think it's what you're talking about.

Is there any other way that I may have been "legitimated" and I'm not aware of it? Or that I do meet the qualifications you outlined?
I know my dad didn't do anything under oath, but he did send my mom child support cheques every so often when I was young (5 - 15 year old).
Would that count?

https://www.uscis.gov/policymanual/PDF/NationalityChart2.pdf

[newacct]

Thanks. Found the chart below and I think it's what you're talking about.

Is there any other way that I may have been "legitimated" and I'm not aware of it? Or that I do meet the qualifications you outlined?
I know my dad didn't do anything under oath, but he did send my mom child support cheques every so often when I was young (5 - 15 year old).
Would that count?


https://www.uscis.gov/policymanual/P...lityChart2.pdf

Hmm, I guess it is more complicated. See 7 FAM 1133.4-2. Since you were born before 1986, but were under 18 in 1986, there is the question of whether the "old" or "new" section 309(a) applies to you. If you were "legitimated" prior to November 14, 1986, then the "old" 309(a) applies, and a written statement of support is not necessary. If not, then the "new" 309(a) applies and a written statement of support is necessary. Usually people are legitimated by marriage of the parents, but in your case that never happened; it may also be possible to be legitimated without marriage of the parents; it depends on the exact local laws in your or your father's domicile.

[jonny33]

Hmm, I guess it is more complicated. See 7 FAM 1133.4-2. Since you were born before 1986, but were under 18 in 1986, there is the question of whether the "old" or "new" section 309(a) applies to you. If you were "legitimated" prior to November 14, 1986, then the "old" 309(a) applies, and a written statement of support is not necessary. If not, then the "new" 309(a) applies and a written statement of support is necessary. Usually people are legitimated by marriage of the parents, but in your case that never happened; it may also be possible to be legitimated without marriage of the parents; it depends on the exact local laws in your or your father's domicile.

Thanks, I will continue on my research quest. You're doing God's work.

[jonny33]

So, what would my next step be? I will begin to track down as much information as possible that may help prove "legitimation" - bank records, photos, birthday cards, etc.

And then would I just start the application gor passport process? Is there a way I can speak with a US immigration official to see what they think I should do? (Tried calling but seems to be fully automated)

Thanks.

[newacct]

You would look at the Canadian law regarding legitimation at the time (between 1980 and 1986) and see if there was any way you were legitimated. And maybe also look at the law in Washington state (where your father lived) too.

You would apply for a US passport at a US consulate. If that doesn't work, an alternative would be to file N-600 (costs $1170) to apply for a Certificate of Citizenship from USCIS.

[jonny33]

Thanks.

And how would it work once I get my meeting at the consulate? Would I bring a copy of the Canadian/US law relating to legitimation with me to show the official? Also, bring all documentation I can find establishing our relationship? Are they able to open up an ongoing case file from there, if I am missing something?

[sashabrown]

Look here, and search the help of an immigration lawyer

https://www.uscis.gov/us-citizenship/citizenship-through-parents

Good luck

[newacct]

Thanks.

And how would it work once I get my meeting at the consulate? Would I bring a copy of the Canadian/US law relating to legitimation with me to show the official? Also, bring all documentation I can find establishing our relationship? Are they able to open up an ongoing case file from there, if I am missing something?

Relationship is unnecessary for citizenship at birth. You would need to show proof you were legitimated before 1986. And you need to bring evidence that your dad was physically present in the US for a cumulative total of 10 years, including 5 years after he turned 14, before your birth. You would probably need your dad's help on that.

[jonny33]

Hey, I was just preparing my documentation for a meeting tomorrow at the US consulate and realized that the below chart says "child must be unmarried" - at bottom of table 2 of 3.

https://www.uscis.gov/policymanual/PDF/NationalityChart2.pdf

Since I am recently married, this seems pretty clear that I'm not eligible for citizenship because of this. Just thought I'd post here before cancelling my appointment to see if there is any further insight.

Thanks