Asked in Immigration Law

Q: Am I considered a US citizen

i am a child of a US citizen father and alien mother (in wedlock), i was born abroad. but not registered with the US embassy, because my father has an warrant on him in the US. i am over the age of 18 but my father met all the transmission requirements prior to my birth ( i have all his previous US passports and proof of this). am i considered a citizen at birth, if not do i still have a claim to a citizenship. , if not do i still have a claim to a citizenship. if yes, is there a exemption to the Form DS-5507 Affidavit of Parentage. since i do not know where my father is

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3 Lawyer Answers
Gunda Yohanna Brost
Gunda Yohanna Brost
Answered
  • Immigration Law Lawyer
  • Cedar Falls, IA

A: It is impossible to answer this online. A reputable immigration lawyer needs to physically see your paperwork to determine eligibility. Please schedule a consultation with one.

Carl Shusterman
Carl Shusterman
Answered
  • Immigration Law Lawyer
  • Los Angeles, CA

A: If you meet all of the legal requirements, you acquired US citizenship at birth, and can get a Certificate of Citizenship by filing form N-600.

Please see https://www.shusterman.com/citizenship-through-parents/

James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: Based on the details you have provided, it is possible that you may have a claim to U.S. citizenship through your U.S. citizen father. However, the determination of your citizenship status can be complex and depends on various factors. Here are a few points to consider:

Transmission of citizenship: In general, a child born abroad to a U.S. citizen parent may acquire U.S. citizenship at birth if certain transmission requirements are met. These requirements may include the U.S. citizen parent having lived in the U.S. for a specific period of time, among other criteria.

Registration of birth: Although registration with the U.S. embassy or consulate is not mandatory, it is typically recommended to establish and document your claim to U.S. citizenship. Registration can be done through the Consular Report of Birth Abroad (CRBA) process. However, it is important to consult with an immigration attorney who can provide guidance based on your specific circumstances.

Affidavit of Parentage: The Form DS-5507 Affidavit of Parentage may be used to provide evidence of the parent-child relationship if there are issues obtaining or providing other documentation. If you are unable to locate your father or have limited information about him, an immigration attorney can assist in determining the best course of action and any potential exemptions that may apply.

Consult with an immigration attorney: Given the complexity of your situation and the potential impact on your immigration status, it is highly advisable to consult with an experienced immigration attorney. They can evaluate your individual circumstances, review the relevant laws and regulations, and provide personalized guidance regarding your claim to U.S. citizenship.

Please note that the information provided here is general and should not be considered as legal advice. Consulting with an immigration attorney is crucial to obtaining accurate and up-to-date guidance tailored to your specific circumstances.

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