Opa Locka, FL asked in Immigration Law for Florida

Q: What are the steps for a father to recognize its adult daughter and for her to claim American citizenship, he's American

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3 Lawyer Answers
Kyndra L Mulder
Kyndra L Mulder
PREMIUM
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL
  • Licensed in Florida

A: If your daughter was born out of wedlock, and claiming that she acquired U.S. citizenship at the time of her birth, and she was born after Nov. 14, 1986, she must demonstrate:

That you - her father - were physically present in the United States for 5 years, at least 2 of which were after 14 years of age;

A blood relationship with you by clear and convincing evidence. A paternity or DNA test.

That you were a U.S. citizen at the time of her birth;

That you agreed in writing to provide financial support for her until she reached 18 years of age. This may be shown with evidence of support actually paid.

Your daughter was legitimated under the law of her residence or domicile;

You acknowledges paternity of you in writing under oath; or paternity is established by a court.

If your daugher was born out of wedlock and claiming she acquired U.S. citizenship at the time of her birth, and she was born between Jan. 13, 1941 and Nov. 14, 1986, she must establish that paternity was established by legitimation while she was under the age of 21.

NOTE: If your daughter was at least 15 years of age but under 18 years of age on Nov. 14, 1986, she may choose to have either of the requirements above apply to her situation.

If your daughter is claiming that she acquired U.S. citizenship after birth through you and she was born out of wedlock after Feb. 27, 2001, or she was under the age of 18 on that date, she may have acquired U.S. citizenship after birth. She must establish that she was legitimated, or is considered legitimate, that she was residing in the legal and physical custody of you - her father in the U.S. while she was under the age of 18, and that she was admitted as a lawful permanent resident.

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
Answered
  • Immigration Law Lawyer
  • Tampa, FL
  • Licensed in Florida

A: The U.S. citizen parent should likely schedule a consultation with a competent and experienced immigration attorney who can evaluate the facts of the parent and child's situation against the applicable law. The citizenship laws have changed over the years, and an accurate answer to the questions requires more details. Many immigration attorneys, particularly during the pandemic, offer telephone or video consultations. This can also prove helpful for you if you are looking for a good attorney that is not local to where you live. There are many good immigration attorneys who are members of the American Immigration Lawyers Association. You can look up AILA members at https://ailalawyer.com/

Agnes Jury agrees with this answer

Linda Liang
Linda Liang
PREMIUM
Answered
  • Immigration Law Lawyer
  • Boca Raton, FL
  • Licensed in Florida

A: If you can have her birth certificate mark you as father, you can file for her.

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