Ask a Lawyer -- Immigration
Question 23

Question: I am trying to get information on what is the best way for me to proceed on getting immagration to the united states. My father was born in Tacom Washington, but had to immagrate to canada as he was only aprox 2years old when his parents immagrated to canada. He passed away in feb/9/1975. I have proof of his birth, and death.I would like to know if i can go under his birth as american to apply for immagration to the states,or what is the best way to proceed. If you need any more info i can be contacted at the above email address.Thank you for your time. From: kim, canada 02/17/2009 Response: Chances are good that you cannot use your father to establish your citizenship in the United States but if you can you will need to note if you were born in wedlock or out of wedlock and when you were born. Here are the rules to establish citizenship through your father: Requirements of the U.S. Immigration and Nationality Act for Transmission of U.S. Citizenship to Children Born Abroad A. Children born in Wedlock 1) Born to two U.S. citizen parents If either parent has resided in the United States prior to the birth of the child, the child acquires U.S. citizenship under the provisions of Section 301(c) of the United States Immigration and Nationality Act. There is no requisite period of residence for the parents in the U.S., but it must have been at some time prior to the birth of the child. 2) Born to one U.S. citizen and one alien parent a. Born before or on November 13, 1986 The U.S. citizen parent must have been physically present in the United States for a cumulative period (or periods totaling) ten years before the birth of the child, at least five years of which were after the U.S. citizen parent reached the age of fourteen. If this requirement is met, the child acquires U.S. citizenship under the provisions of Section 301(g) of the Immigration and Nationality Act. b. Born on or after November 14, 1986 The U.S. citizen parent must have been physically present in the United States for a period (or periods totaling) five years prior to the birth of the child, at least two years of which were after the U.S. citizen parent reached the age of fourteen years. If this requirement is met, the child acquires U.S. citizenship under the provisions of Section 301(g) of the Immigration and Nationality Act (as amended by Public Law 99-653 of November 14, 1986). B. Children Born out of Wedlock 1) Born to a U.S. citizen mother The U.S. citizen mother must have been physically present in the United States for a continuous period of at least one year before the child's birth. This period of presence may have been at any time before this child's birth. If this requirement is met, the child acquires U.S. citizenship under the provisions of Section 309(c) of the United States Immigration and Nationality Act. 2) Born to a U.S. citizen father and an alien mother In November 1986, the United States Immigration and Nationality Act was amended to permit a child born out of wedlock to a U.S. citizen father and an alien mother to acquire U.S. citizenship at birth based upon clear and convincing evidence of paternity. The father must have fulfilled the appropriate physical presence requirements under Section 301(g) of the United States Immigration and Nationality Act (ten or five years of physical presence as explained). In addition, the United States citizen father must: *sign a written agreement to provide financial support until the child reaches the age of eighteen years; and *Make a statement under oath acknowledging parentage, or legitimate the child under the law of the child's residence or domicile; or, have the paternity of the child adjudicated and established by a competent court. Submitted by: Ana Maria Schwartz, Austin, TX  Web site for Ana Maria Schwartz Add A Comment

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