Our nephew, Jay is a Filipino Citizen who can actually become a naturalized citizen of the USA. Since his Father is a Filipino-American, Jay is classified as a child of an American Citizen Born abroad.
How can Jay confirm his citizenship? An application for the Consular Report of Birth Abroad and application for a U.S. passport must be filed on his behalf with the Embassy’s American Citizens Services (ACS) Unit [email protected]
ACS determines if the child has claim to U.S. Citizenship.
Birth Abroad Out-of-Wedlock to a U.S. Citizen Father – “New” Section 309(a)
A person Born Abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) of the INA, as made applicable by the “new” Section 309(a) of the INA provided:
- A blood relationship between the person and the father is established by clear and convincing evidence;
- The father had the nationality of the United States at the time of the person’s birth;
- The father was physically present in the United States or its outlying possessions prior to the child’s birth for five years, at least two of which were after reaching the age of 14.
- The father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and
- While the person is under the age of 18 years —
- the person is legitimated under the law of his/her residence or domicile,
- the father acknowledges paternity of the person in writing under oath, or
- the paternity of the person is established by adjudication of a competent court.
This is the same process for the biological children of US petitioners going through the K1 process, “Will my child automatically be issued a K2 visa?”
If one of the child’s parents is an American citizen, the child may have a possible claim to U.S. citizenship. If the child’s American citizenship is established, he/she will not need a visa to enter the U.S.—instead, an application for a Consular Report of Birth Abroad and an application for a U.S. passport must be filed on his/her behalf with the Embassy’s American Citizens Services (ACS) Unit. The ACS Unit may be contacted by email [email protected] regarding this matter. If the ACS Unit determines that the child has no claim to U.S. citizenship, we will resume processing the K2 visa application.
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