Q: Please can you confirm whether I can make a successful claim for US citizenship.
I was born out of wedlock in the UK to a US father and alien (UK) mother and was adopted later that year, as a British citizen. My 93 year old father lives in New Hampshire and we have been in regular contact since 1996. My biological father was not registered on my birth certificate, although he would be happy to swear an oath or affidavit and provide DNA. My 88 year old mother lives in Canada and would also be happy to swear an affidavit if relevant. Unfortunately neither are likely to be physically able to fly to the UK to complete birth registration amendment details. Is there any legal pathway open to me for US citizenship?
A:
You may have a pathway to claim U.S. citizenship based on your biological father's status, even though you were born out of wedlock and adopted. U.S. immigration law does provide mechanisms for children born abroad to U.S. citizens to acquire citizenship, but the requirements can be specific and vary depending on several factors, including the laws in place at the time of your birth.
Since your biological father is a U.S. citizen and you have been in contact, he may be able to provide the necessary documentation and support to establish your claim to U.S. citizenship. This process might include proving a genuine relationship between you and your father before you reached a certain age and demonstrating that he met the physical presence requirements in the U.S. prior to your birth. Affidavits, DNA evidence, and other forms of documentation could potentially support your case.
However, this situation can be complex and is influenced by many factors, including the laws at the time of your birth, the fact that your father was not listed on your birth certificate, and your subsequent adoption. It would be beneficial for you to consult with an immigration attorney or a legal advisor familiar with U.S. citizenship laws. They can provide personalized advice and guide you through the necessary steps and paperwork.
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