Child of US Citizen over 18 Born Abroad

[isabella4567 0]

A friend of mine was born out of wedlock in Brazil to a US father (who has always lived in the US) and a brazilian mother. The problem being - a report of Birth Abroad was never filed for him and he is now over 18. His immigration lawyer told him it will be 3 years until he can file for his citizenship. (He is currently residing in the US with a work visa. From what I understand he could forego the immigration route and simply get a US Passport (providing all the necessary supporting documents, of course). Is this correct?

[payxibka 10,047]

A friend of mine was born out of wedlock in Brazil to a US father (who has always lived in the US) and a brazilian mother. The problem being - a report of Birth Abroad was never filed for him and he is now over 18. His immigration lawyer told him it will be 3 years until he can file for his citizenship. (He is currently residing in the US with a work visa. From what I understand he could forego the immigration route and simply get a US Passport (providing all the necessary supporting documents, of course). Is this correct?

A Report of Birth Abroad cannot be issued after the child has passed his eighteenth birthday, although the child may still be eligible to obtain an American passport.

http://www.embaixada-americana.org.br/inde...amp;itemmenu=58

[Dakine 26]

A friend of mine was born out of wedlock in Brazil to a US father (who has always lived in the US) and a brazilian mother. The problem being - a report of Birth Abroad was never filed for him and he is now over 18. His immigration lawyer told him it will be 3 years until he can file for his citizenship. (He is currently residing in the US with a work visa. From what I understand he could forego the immigration route and simply get a US Passport (providing all the necessary supporting documents, of course). Is this correct?

A Report of Birth Abroad cannot be issued after the child has passed his eighteenth birthday, although the child may still be eligible to obtain an American passport.

http://www.embaixada-americana.org.br/inde...amp;itemmenu=58

If he can get a US passport he will be a US citizen!!!

[YuAndDan 153]

May want to investigate filing form N-600

5. If you are the biological child of a U.S. citizen, you were born outside the United States and you are claiming citizenship by having been born to U.S. citizen parent(s), you automatically become a U.S. citizen at birth if:

B. You were born to parents, one of whom is an alien and the other a U.S. citizen who, prior to your birth, had been physically present in the United States or one of its outlying possessions for a period or periods totaling not less than five years, at least two of which were after the age of 14 years.

http://www.uscis.gov/files/form/N-600instr.pdf

The wording makes is sound like one parent needed to be an LPR for at least 5 years.

How do I apply to have my citizenship recognized?

You have two options:

• You can apply to the U.S. Department of State for a U.S. passport. A passport is evidence of citizenship and also serves as a travel document if you need to travel. For information about applying for a U.S. passport, see the U.S. Department of State website at www.state.gov.
• If you are already in the U.S., you also have the option of applying to us using Form N-600, Application for Certificate of Citizenship. However, you may find applying for a passport to be more convenient because it also serves as a travel document and is often a faster process.

More: http://www.uscis.gov/files/article/A4.pdf

Edited September 22, 2008 by YuAndDan