I'm the product of an American father and a German mother. They were not married. I know the name of the father...I grew up in Germany, but never consciously met my father. (I was too young) My question is: What determines citizenship. A marriage certificate between the foreigner and the citizen of Germany or just the paternity outright, i.e. the fact that he was an American citizen? Anyone know the answer?
Announcement
Collapse
No announcement yet.
American parentage?
Collapse
X
-
You probably need to apply for naturalization.
From what you've indicated it does not appear that you were a USC by birth through your unwed father that you had no relationship with. But you may want to see an immigration attorney about it. You can look up the Nationality Charts on uscis.gov on the Laws tab find the Handbooks and Manuals link and then find the Adjudicator's Field Manual then under Appendices look for # 71.??? (there are four charts, you needs #2 and #1.
Sorry.
Hopefully, you have a greencard and are eligible for naturalization.
Nationality Chart # 2: Children Born Outside the U.S. Out of Wedlock
Birth date of child and U.S. Citizen Father Legitimates Child
Prior to 5/24/34 Section 1993, Revised Statutes, effective 9/9/1866
1. Child legitimated at any time after birth under law of father's domicile.
2. USC parent(s) had the required residence at time of child's birth.
3. See Chart 1 (for residence/physical presence requirement of the unwed USC father.)
4. No residence required for child to retain U.S. citizenship.
On/after 5/24/34 & prior to 1/13/41 The Act of May 24, 1934, and Sec. 205 and 201 NA (Nationality Act of 1940)
1. Child legitimated at any time after birth under law of father's domicile.
2. USC parent(s) had the required residence at time of child's birth.
3. See Chart 1
4. Child met retention requirements.
5. See Chart 1
On/after 1/13/41 & prior to 12/24/52 Sec. 309(c) and 301(a) INA1. Child legitimated before age 21 under law of father’s or child’s domicile.
2. USC parent(s) had the required residence at time of child's birth.
3. See Chart 1
4. Child met retention requirements.
5. See Chart 1
On/after 12/24/52 & prior to 11/14/86
1. Child legitimated before age 21 under law of father’s or child’s domicile.
2. Child legitimated PRIOR to 11/14/86
3. Child must be unmarried.
4. USC parent(s) had the required residence at time of child's birth.
5. See Chart 1
6. No residence required for child to retain U.S. citizenship.
Relationship established
U.S. Citizen Father Legitimates OR Acknowledges Child
On/after 11/14/86
1. Child legitimated OR acknowledged before age 18*:
·Legitimated under law of child's residence or domicile, OR
Paternity acknowledged in writing under oath, OR ·
Paternity established by court order.
2. Blood relationship established.
3. Father, unless deceased, has agreed in writing under oath to provide
financial support until child reaches age 18 if not married to the
mother.
4. Child must be unmarried, when legitimated OR acknowledged
before age 18*:
5. USC parent(s) had the required residence at time of child's birth.
6. See Chart 1
*A child 18 or over on 11/14/86 could use the old law when statutory age was 21. A child at least 15, but under 18, could use either law (DOB on/after 11/15/68).
Good Luck,
Comment