American father living abroad, can I apply for a visa?

[ChrisL]

My father has both US and UK birth certificates as he was born on a US air force base in the UK. He has previously held passports for both countries, but currently only has a UK passport as he lives here and doesn't intend to go back to US. If he were to obtain a US passport but still live in the UK, is there any visa that may entitled me to live/work there?

[krypton9591]

were you born in the US or in the UK?

[newacct]

My father has both US and UK birth certificates as he was born on a US air force base in the UK. He has previously held passports for both countries, but currently only has a UK passport as he lives here and doesn't intend to go back to US. If he were to obtain a US passport but still live in the UK, is there any visa that may entitled me to live/work there?

Were you born before or after 1986? How many years was he present in the US before your birth, and at what ages? Were you born in wedlock or out of wedlock?

[ChrisL]

Thanks for your responses.

were you born in the US or in the UK?

I was born in the UK.

Were you born before or after 1986? How many years was he present in the US before your birth, and at what ages? Were you born in wedlock or out of wedlock?

I was born after 1986.
He lives from the ages 1-12 and 22-27.
My parents never married.

[newacct]

I was born after 1986.
He lives from the ages 1-12 and 22-27.
My parents never married.

If you were born out of wedlock, you likely did not get US citizenship from your father, because that requires that certain conditions are met before you turned 18, including that your father made a written statement to support you until you turned 18. Unless your father applied for a CRBA for you before you turned 18, it is unlikely that this requirement was met.

It might be possible for your US citizen father to petition you to immigrate to the US (i.e. to become a US permanent resident) if he had a bona fide relationship with you before you turned 21, but that would require him to be domiciled in the US, and it doesn't sound like he is.

[ChrisL]

If you were born out of wedlock, you likely did not get US citizenship from your father, because that requires that certain conditions are met before you turned 18, including that your father made a written statement to support you until you turned 18. Unless your father applied for a CRBA for you before you turned 18, it is unlikely that this requirement was met.

It might be possible for your US citizen father to petition you to immigrate to the US (i.e. to become a US permanent resident) if he had a bona fide relationship with you before you turned 21, but that would require him to be domiciled in the US, and it doesn't sound like he is.

Thanks for the info and link.

In relation to "Birth Abroad Out-of-Wedlock to a U.S. Citizen Father ? ?New? Section 309(a)", I am: ✔ blood relative, ✔ father did have US citizenship at time of my birth, ✔ did provide financial support for me (lived together in UK), X but am not currently under 18. And the "old" section doesn't apply as I'm over 18.

In relation to "Birth Abroad in Wedlock to a U.S. Citizen and an Alien", although my father was present in US for the required times, unfortunately my parents were not married.

Is that all of my options?

[krypton9591]

Thanks for the info and link.

In relation to "Birth Abroad Out-of-Wedlock to a U.S. Citizen Father ? ?New? Section 309(a)", I am: ✔ blood relative, ✔ father did have US citizenship at time of my birth, ✔ did provide financial support for me (lived together in UK), X but am not currently under 18. And the "old" section doesn't apply as I'm over 18.

In relation to "Birth Abroad in Wedlock to a U.S. Citizen and an Alien", although my father was present in US for the required times, unfortunately my parents were not married.

Is that all of my options?

Unfortunately it does appear that those would be your only options, the only other way to be able to come and work in the US would be to try and apply for an H1b, and see if you can't get your employer to sponsor you for a greencard.

[ChrisL]

Unfortunately it does appear that those would be your only options, the only other way to be able to come and work in the US would be to try and apply for an H1b, and see if you can't get your employer to sponsor you for a greencard.

Okay thanks for your help!

[newacct]

Thanks for the info and link.

In relation to "Birth Abroad Out-of-Wedlock to a U.S. Citizen Father ? ?New? Section 309(a)", I am: ✔ blood relative, ✔ father did have US citizenship at time of my birth, ✔ did provide financial support for me (lived together in UK), X but am not currently under 18. And the "old" section doesn't apply as I'm over 18.

In relation to "Birth Abroad in Wedlock to a U.S. Citizen and an Alien", although my father was present in US for the required times, unfortunately my parents were not married.

Is that all of my options?

The new section 309(a) would apply to you. You said your father "did provide financial support for you", but that doesn't mean he made a written statement to support you. There is some conflicting information on this topic.

The Department of State Foreign Affairs Manual 8 FAM 301.7-4(E)(3).b(3) talks about the written statement of support requirement under the new section 309(a), and it says that a written statement is necessary unless the father is deceased; it doesn't say anything about being able to use actual support of the child as a substitute for the written statement.

There was a district court decision I found, O'Donovan-Colin v. U.S. Dept. of State, where the court seemed to think that actually providing support is not enough to meet the written statement of support requirement.

The USCIS Policy Manual, Part H Chapter 3 section C.1, in subsection "Written Agreement to Provide Financial Support" also talks about this written statement of support requirement, and it says that this requirement can be met if there is evidence that the father "accepted his legal obligation to support the child" before the child turned 18. I am not sure whether you have such evidence, but if you do, you might be able to qualify under this more lenient reading.

[ChrisL]

The new section 309(a) would apply to you. You said your father "did provide financial support for you", but that doesn't mean he made a written statement to support you. There is some conflicting information on this topic.

The Department of State Foreign Affairs Manual 8 FAM 301.7-4(E)(3).b(3) talks about the written statement of support requirement under the new section 309(a), and it says that a written statement is necessary unless the father is deceased; it doesn't say anything about being able to use actual support of the child as a substitute for the written statement.

There was a district court decision I found, O'Donovan-Colin v. U.S. Dept. of State, where the court seemed to think that actually providing support is not enough to meet the written statement of support requirement.

The USCIS Policy Manual, Part H Chapter 3 section C.1, in subsection "Written Agreement to Provide Financial Support" also talks about this written statement of support requirement, and it says that this requirement can be met if there is evidence that the father "accepted his legal obligation to support the child" before the child turned 18. I am not sure whether you have such evidence, but if you do, you might be able to qualify under this more lenient reading.

Ah I see, that's interesting; so I can be over 18 in relation to the new section 309(a), provided I have the sufficient evidence for when I was under 18. It's quite bizarre that they require a signed document stating my father "accepted his legal obligation to support the child". He is on my birth certificate, I could prove we lived together for those years and he financially supported me. But I'm not sure a signed 'obligation' will exist (I have asked him), unless that's standard practice when you have a child or something.

[Sado]

Thanks

Thanks for asking this question. A friend is seriously in need of this answers. I will link him to this forum thread. Thanks once again.