CRBA question

[inlababo 1]

I am a wife of a USC, my husband has a daughter to another Filipina out of wedlock. He now wants to apply for her daughter's CRBA but her

mom is not cooperating. Will he be able to do so if that is the situation????

[Caryh 5,206]

It might be possible, but I doubt its going to be easy. Was his name on the birth certificate? If he can get an NSO birth certificate, he may be able to get it done. He needs to prove he was with the mother and fathered the child. If he's recorded as the father, and admits being the father, then he may be able to do it. If he's not officially recognized as the father on the birth certificate, it's probably not very likely he can accomplish the task without her cooperation. But if his former girl friend doesn't want him having any contact with the child, I do see how much good its going to do him. He could get it for the child and his daughter may never even know they are a USC.

[PreciousOne 4]

I think its possible but really hard and long process. a lot of paperworks if you apply,but of course its iether both the parents can apply for her crba and us passport.You can visit the us embassy phils. website so you will know the forms and things that are needed for the process.Make sure that your husbands name is on her birth certificate.

[inlababo 1]

thanks for the reply Caryh, yes his name is in the birth certificate and he has a copy of that, pictures of her as she grows up although not every year but

he tried to be with his daughter whenever he's in the Philippines, copy of money transfer that he had sent to her Mom, copy of her ultra sound overseas

where she was conceived. In fact he is scheduled to see her this May and hopefully talked to her mom about it.

I think its possible but really hard and long process. a lot of paperworks if you apply,but of course its iether both the parents can apply for her crba and us passport.You can visit the us embassy phils. website so you will know the forms and things that are needed for the process.Make sure that your husbands name is on her birth certificate.

thanks Precious one.

[sjr09 155]

It might be possible, but I doubt its going to be easy. Was his name on the birth certificate? If he can get an NSO birth certificate, he may be able to get it done. He needs to prove he was with the mother and fathered the child. If he's recorded as the father, and admits being the father, then he may be able to do it. If he's not officially recognized as the father on the birth certificate, it's probably not very likely he can accomplish the task without her cooperation. But if his former girl friend doesn't want him having any contact with the child, I do see how much good its going to do him. He could get it for the child and his daughter may never even know they are a USC.

The filiation of legitimate children is established by any of the following:

(1) The record of birth appearing in the civil register or a final judgment; or

(2) An admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned.

In the absence of the foregoing evidence, the legitimate filiation shall be proved by:

(1) The open and continuous possession of the status of a legitimate child; or

(2) Any other means allowed by the Rules of Court and special laws. (265a, 266a, 267a)

[sjr09 155]

I am a wife of a USC, my husband has a daughter to another Filipina out of wedlock. He now wants to apply for her daughter's CRBA but her

mom is not cooperating. Will he be able to do so if that is the situation????

It is possible for the U.S. Citizen biological father to acquire CRBA for the child. ( this does not mean he can take the child out of the PI research Philippine Family Law) The road blocks from the mother can make thing difficult, I would find an attorney in the "U.S." that handles Philippine family law and have a consultation.

The father will need to prove he is the Biological father.

In order for a child/applicant to be documented as a U.S. citizen, the U.S. citizen parent(s) must fulfill all of the following three requirements:

Transmission -

Legitimating - .

Filiations -

　

"The burden of proving a claim to U.S. citizenship, including blood relationship, is on the person making such claim. Photos prior to the time of conception, letters, and other correspondence may help establish the couple's relationship prior to the conception of the applicant. When no substantive form of credible evidence is available in conjunction with a CRBA or Passport application, a parent may find genetic testing to be a useful tool for confirming a stated biological relationship."

"The US citizen father must also proof of having physically resided in the United States for a defined period of time. Regularly available documents that may establish physical presence in the U.S. before the child's birth include: Transcripts from High School and/or College, Income Tax Returns and W2s, old passports, and a DD-214 Separation Statement (Military Members only). There are many other documents that may be submitted to demonstrate previous physical presence in the U.S., and the Consular Officer will evaluate any of these."

If the parents were not married at the time of the birth of the applicant, a completed Affidavit of Parentage, Physical Presence and Support (Form DS-5507) is required for an applicant born to an unmarried U.S. citizen father.

You need to do your research on this subject, you can read my USEM CRBA link if you like http://crbausembassymanila.wordpress.com/ but I suggest reading

https://philippines.cms.getusinfo.com/service/citizenship/first-time-report-of-birth-abroad7.html

and the Philippines Family Code.

[Caryh 5,206]

thanks for the reply Caryh, yes his name is in the birth certificate and he has a copy of that, pictures of her as she grows up although not every year but

he tried to be with his daughter whenever he's in the Philippines, copy of money transfer that he had sent to her Mom, copy of her ultra sound overseas

where she was conceived. In fact he is scheduled to see her this May and hopefully talked to her mom about it.

thanks Precious one.

Sounds like he has what it takes to get it done then. It would seem foolish of the girl's mother to deny her a US citizenship. It could open a lot of options for her that many Filipinos won't get. But then she might be reacting out of emotion and not logical thinking.

[Hank_ 9,174]

Sounds like he has what it takes to get it done then. It would seem foolish of the girl's mother to deny her a US citizenship. It could open a lot of options for her that many Filipinos won't get. But then she might be reacting out of emotion and not logical thinking.

She may have fear of him trying to take her to the States, which is why she isn't being cooperative.

[Caryh 5,206]

She may have fear of him trying to take her to the States, which is why she isn't being cooperative.

Philippine courts on not very friendly to non-filipinos and heavily biased towards mothers. A Filipina can take her USC children back the the Philippines and prevent the USC father from ever seeing them again even if he had full custody in the USA. He might at best manage to get visitation in the Philippines if he had enough money, fought hard enough and got a little lucky. With a child born out of wedlock there, he'd be lucky to get even that. It would be much better to stay on good terms with the child's mother and not press the CRBA now if its going to cause problems with her.

[inlababo 1]

She may have fear of him trying to take her to the States, which is why she isn't being cooperative.

That is what i was thinking as well, because the kid wants to go with him to see his family but i know that my husband will not do that unlesss the mother permits her to go.

[inlababo 1]

Philippine courts on not very friendly to non-filipinos and heavily biased towards mothers. A Filipina can take her USC children back the the Philippines and prevent the USC father from ever seeing them again even if he had full custody in the USA. He might at best manage to get visitation in the Philippines if he had enough money, fought hard enough and got a little lucky. With a child born out of wedlock there, he'd be lucky to get even that. It would be much better to stay on good terms with the child's mother and not press the CRBA now if its going to cause problems with her.

I agree with you that Philippine courts is not really friendly with non-filipinos, my husband's hope is for her daughter to have the CRBA so that she will have a choice later on.

[sjr09 155]

I agree with you that Philippine courts is not really friendly with non-filipinos, my husband's hope is for her daughter to have the CRBA so that she will have a choice later on.

Even if the father is not successful at this time i.e. ‘CRBA’ when the child turns 18 years old she can still claim U.S. Citizenship, with or with out the mothers consent!

[Kang 22]

Philippine courts on not very friendly to non-filipinos and heavily biased towards mothers. A Filipina can take her USC children back the the Philippines and prevent the USC father from ever seeing them again even if he had full custody in the USA. He might at best manage to get visitation in the Philippines if he had enough money, fought hard enough and got a little lucky. With a child born out of wedlock there, he'd be lucky to get even that. It would be much better to stay on good terms with the child's mother and not press the CRBA now if its going to cause problems with her.

This is true.

He needs to really talk to the mother coz I am sure the US Embassy will demand him for DNA. I knew of someone who was married to the mother and yet the Embassy demanded DNA for his daughters. The children were conceived before they were married but they were born when they were already married, yet the consul wanted DNA test...

And the DNA testing can only be done in the US. ST Lukes will take the sample for the child but the matching would be in the US

SRJ is wrong. When the child reaches 18, she/he cannot apply for CRBA anymore. Meaning, no more US citizenship. Read the FAM on citizenship. The child should be below 18 to claim US citizenship. Otherwise, sorry. I know it is harsh but that is what the congress laid out. If you don't like it, lobby, protest, write to yuor congressmen/senators

Consular Report of Birth Abroad (FS-240)

The birth of a child abroad to U.S. citizen parent(s) should be reported as soon as possible so that a Consular Report of Birth Abroad can be issued as an official record of the child’s claim to U.S. citizenship. Report the birth of your child abroad at the nearest U.S. embassy or consulate.

A Consular Report of Birth can only be created at an American consular office overseas while the child is under age 18

An original Consular Report of Birth is given to the parent(s) at the time the report of birth is made and approved.

You may replace, amend or request multiple copies of a Consular Report of Birth at any time.

If you were born in one of the following locations a Consular Report of Birth is not available. You must obtain your birth record from the respective Vital Records Office:

Puerto Rico

U.S. Virgin Islands

American Samoa

Guam

Swains Island

The Panama Canal Zone before October 1, 1979

The Commonwealth of the Northern Mariana Islands prior to 1986

The Philippines before July 4, 1946

The former U.S. Trust Territories of the Pacific Islands

Edited March 16, 2012 by Kang

[sjr09 155]

Even if the father is not successful at this time i.e. 'CRBA' when the child turns 18 years old she can still claim U.S. Citizenship, with or with out the mothers consent!

This is true.

He needs to really talk to the mother coz I am sure the US Embassy will demand him for DNA. I knew of someone who was married to the mother and yet the Embassy demanded DNA for his daughters. The children were conceived before they were married but they were born when they were already married, yet the consul wanted DNA test...

And the DNA testing can only be done in the US. ST Lukes will take the sample for the child but the matching would be in the US

SRJ is wrong. When the child reaches 18, she/he cannot apply for CRBA anymore. Meaning, no more US citizenship. Read the FAM on citizenship. The child should be below 18 to claim US citizenship. Otherwise, sorry. I know it is harsh but that is what the congress laid out. If you don't like it, lobby, protest, write to yuor congressmen/senators

Consular Report of Birth Abroad (FS-240)

The birth of a child abroad to U.S. citizen parent(s) should be reported as soon as possible so that a Consular Report of Birth Abroad can be issued as an official record of the child's claim to U.S. citizenship. Report the birth of your child abroad at the nearest U.S. embassy or consulate.

"SRJ is wrong. When the child reaches 18, she/he cannot apply for CRBA anymore"

I know that read my post one more time, not talking about CRBA. I was talking about DERIVATIVE U.S. CITIZENSHIP FOR ADULTS.

"Meaning, no more US citizenship. Read the FAM on citizenship". "The child should be below 18 to claim US citizenship. Otherwise, sorry".

Sorry But your wrong it's called derivative citizenship for adults Read Derivative U.S. Citizenship for Adults.....Applicants 18 years old and over, born outside the United States, may claim U.S. citizenship from a parent who at the time of the applicant's birth was a United States citizen. Once the citizenship claim is established, the applicant qualifies for a first-time U.S. passport.

[Kang 22]

Derivative citizenship for adults only applies to those born BEFORE November 1986.

I know this because I have many friends who have American fathers and since they were born AFTER November 1986, they do not have chance in US citizenship.

The 1986 law requires child support promise (written) until 18 (required for born out of wedlock children to acquire US citizenship). This addition is the axe.

DETERMINE WHICH LAW IS APPLICABLE TO YOUR CASE, CHOOSE BETWEEN:

A. APPLIES TO ALL PERSONS BORN ON OR AFTER NOVEMBER 14, 1986 & UP. ********************NEW LAW********************

-OR-

B. APPLIES TO ALL PERSONS BORN BEFORE NOVEMBER 14, 1986. ********************OLD LAW********************

...AND THEN READ IT.

BIRTH OUT OF WEDLOCK TO AMERICAN FATHER:

A. APPLIES TO ALL PERSONS BORN ON OR AFTER NOVEMBER 14, 1986 & UP.

********************NEW LAW********************

Establishing Citizenship Under ―New‖ 309(a) INA. In adjudicating claims of persons to whom new section 309(a) INA applies, consular officers must adhere to the following guidance:

(1) Blood Relationship: The consular officer must be satisfied by clear and convincing evidence that a blood relationship exists between the applicant and the alleged U.S. citizen father. This evidence must produce in the fact-finder a firm belief in the truth of the facts asserted, but does not need to reach the level of certainty required for proof beyond a reasonable doubt. No blood test or any other specific type of evidence is required by the Act. Whether or not evidence producedby an applicant meets the ―clear and convincing‖ standard is a question of fact which varies in each case. Consular officers should keep the above in mind when requesting and reviewing evidence.

(2) Evidence of the Father's Identity and Citizenship: The evidence must show that the father was a U.S. citizen when the child was born.

(3) Father's Statement of Support(a) A statement of financial support is required except when the father is deceased. A father who refuses to sign a statement of support prevents his child from acquiring U.S. citizenship. A child who cannot present a written support agreement by the father cannot be documented as a U.S. citizen unless it is proven that the father is dead. This is true even if the father cannot be located; unless dead, the father must be located and comply with the requirements of section 309(a), as amended, before the child's 18th birthday.(b) Since section 309(a) specifies that the father must agree in writing to support the child, a local law obliging fathers to support children born out of wedlock is not sufficient to meet the requirement of that section.© Form DS-5507 Affidavit of Parentage, Physical Presence, and Support contains a statement of support which satisfies the requirements of new section 309(a). The statement may be in any form, however, as long as it complies with the following:(i) It must include an agreement to provide financial support;(ii) It must specify that such support will continue until the child's 18th birthday;(iii) It must be in writing;(iv) It must be signed by the father under oath or affirmation before a consular officer or before any other U.S. or foreign official authorized to register births or administer oaths; and(v) It must be dated before the child's 18th birthday. It may be dated any time prior to that date, including prior to November 14, 1986.(d) The statement of support is not required when the father is deceased. The applicant has the burden of proving the father's death, and should provide a death certificate or other acceptable evidence of the father's death.(e) If the father signs a statement of support and subsequently fails to support the child, the child's U.S. citizenship is not taken away. The Department has no authority to obtain support payments from fathers or otherwise to enforce the support agreement executed pursuant to section 309(a) INA. This does not mean, however, that it could not be enforced by the child against the father, or pursuant to laws administered by other government entities.

(4) Evidence of Legitimation or Acknowledgement of Paternity: "New" section 309(a) provides for three alternatives: legitimation under the laws of the applicant's residence or domicile; acknowledgement of paternity under oath; and court adjudication of paternity (see following paragraphs). Any of the three actions is sufficient, as long as the action occurs while the applicant is under the age of 18.(a) Legitimation(i) ―New‖ section 309(a) provides for legitimation by the father as an alternative means of establishing legal relationship. (Under ―old‖ 309, it is/was the only method authorized). If the applicant was legitimated while under the age of eighteen, by affirmative act or by operation of law under the child's residence or domicile on or after November 14, 1986, he or she need only submit the statement of support discussed, unless such a statement was part of the legitimating act and evidence to that effect is submitted.(ii) Legitimation is the giving, to a child born out of wedlock, the legal status of a child born in wedlock, who traditionally has been called a ―legitimate‖ child. Thus, legitimacy is a legal status in which the rights and obligations of a child born out of wedlock are identical to those of a child born in wedlock. This status is generally relevant primarily to the rights of the child vis-a-vis its natural father. Many foreign countries may not use the term "illegitimate", but nonetheless recognize that a child born in wedlock has greater rights than a child born out of wedlock, for instance under local inheritance laws. The out of wedlock child in such countries is not legitimated within the meaning of new section 309(a).(iii) ―New‖ section 309(a) requires that legitimation occur under the laws of the residence or domicile of the child, not the father. (As discussed in the following sections, under old 309, it may be the laws of the residence or domicile of either the father or the child.)(iv) Posts in countries where legitimation laws are unclear, unknown, or non-existent should obtain the father's statement of support and acknowledgement rather than expend resources in attempting to determine whether legitimation occurred. If a legal interpretation of a legitmation law is needed, posts should request the Department's (CA/OCS) assistance.(v) Legitimation is best used to establish relationship only in cases where the legitimating act has already taken place and evidence is readily available. Do not inconvenience applicants by requiring them to submit extensive evidence of legitimation or expend resources to research or interpret foreign legitimation laws. Encourage the use of the simpler alternative of acknowledgement of paternity.(vi) Posts must be satisfied in cases of previous legitimation that the child was resident or domiciled in the country where the legitimating act occurred. In most cases, a child's residence is the same as its domicile, and both usually coincide with those of the parents. Posts should question the applicant and parents regarding residence and domicile in the same manner as for legitimation under the original version of section 309(a).(vii) Legitimation may occur by automatic operation of law at birth, by some affirmative act of the father (for instance, marrying the mother), or by court order. Although the legitimation status goes back to birth, it is the date of the legitimating act which must be considered in a citizenship claim.(b) Acknowledgement of Paternity(i) Acknowledgement of paternity is the simplest means of establishing legal relationship under the new 309(a) and should be used in most cases. It may have occurred either before or after November 14, 1986, as long as it was done while the child was under age 18.(ii) Acknowledgement may be made under oath or affirmation in any form before a consular officer or other official authorized to administer oaths. An acknowledgement made by the father on the child's birth certificate or otherwise under foreign procedures is acceptable if it was under oath or affirmation.(iii) Fathers of applicants not already legitimated, acknowledged, or subject to court decrees of paternity may execute an acknowledgement and the statement of support in the same instrument for the sake of simplicity, provided the applicant is under 18 at the time the joint document is signed. Form DS-5507 may be used for this purpose.© Court Adjudication of Paternity(i) Establishment of legal relationship by the alternative of court adjudication of paternity will be extremely rare. It need not be pursued unless the father is unable or unwilling to acknowledge the child.(ii) Such adjudication must have occurred before the child reached age 18. It is irrelevant whether it was before or after November 14, 1986.(iii) Fathers of applicants who are already the subject of such adjudications need only submit the statement of support (unless it was previously presented in the court proceeding and evidence to that effect is submitted). Consular officers should presume that the court had jurisdiction over the case. Consuls should keep in mind that court paternity decrees only establish a legal relationship, not a blood relationship. Individuals presenting paternity decrees must still present evidence of a blood relationship as required by Section 309(a). If there is evidence which draws into question a court's findings, the post should not accept the court order as establishing a legal relationship (paternity) between the father and child without consulting the Department (CA/OCS).

(5) Father's physical presence in the United States: If the applicant was born prior to November 14, 1986, the U.S. citizen father is subject to the original requirements of section 301(g) INA to transmit citizenship to the applicant. Thus, he must show that he was physically present in the United States for 10 years, at least 5 of which were after reaching the age of 14, prior to the birth of the applicant. For applicants born on or after November 14, 1986, the most recent physical presence requirements of section 301(g) apply. In this instance, the U.S. citizen father must show that, prior to the birth of the applicant, he was physically present in the United States for 5 years, at least two of which were after reaching the age of 14.

B. APPLIES TO ALL PERSONS BORN BEFORE NOVEMBER 14, 1986.

********************OLD LAW********************

Establishing Citizenship Under ―Old‖ Section 309(a) INA: When adjudicating cases under old section 309(a) INA, consular officers must adhere to the following guidance:

(1) Blood Relationship: The consular officer must be satisfied that a blood relationship exists between the child and the U.S. citizen father. Absent such a relationship, the child of an alien mother cannot acquire U.S. nationality at birth.

(2) Legitimation: Law of Residence and Domicile(a) Under Old 309(a), the place for legitimation was not specified. Old 309(a) was applied to permit legitimation to take place pursuant to laws of the U.S. or foreign residence or domicile of the father or child. The consular officer should learn which foreign countries or States of the United States qualify as either the father's residence or domicile or the child's residence or domicile for purposes of establishing legitimation.(b) The Immigration and Nationality Act defines "residence" as the place of general abode of a person; his principal, actual dwelling place in fact, without regard to intent. Under this definition, a military base where a person is stationed, even for a short period of time such as a training assignment at an appropriate place, can be considered a residence and the laws of the state or country where the base is located can be considered for legitimation purposes.© "Domicile" is generally defined as the place of a person's true, fixed, and permanent home or ties, and to which whenever absent, the person intends to return.(d) In attempting to determine residence or domicile, the consular officer may ask such questions as: Where did you own property? Where did you pay taxes? Where were you registered to vote? Where have you had bank accounts? What State issued you a driver's license or other license? What ties do you have to the place of residence or domicile?

(3) Legitimation: Marriages: The consular officer should ask whether the child's father and mother have ever been married to each other. A valid intermarriage of a child's natural parents subsequent to a child's birth serves to legitimate a child in most jurisdictions. The validity of a marriage is governed by the law of the place where it was performed and may be a determining issue in a child's claim to citizenship under section 309(a). A marriage that is void or voidable may also serve to legitimate a child in some circumstances, particularly if the child was born after the marriage.(a) Valid marriages: If the laws of the state or the country where the father or the child resided or were domiciled provide for legitimation by subsequent marriage, those laws may be applied if there was a valid marriage of the parents while the child was under 21. In general, the place of marriage and the place of residence or domicile must be the same. There are exceptions to this general rule, however, and a post may find it necessary to submit questions of this nature to the Department (CA/OCS).(b) Voidable and Void Marriages(i) A marriage that did not conform to the laws of the country or state in which it was performed may be a void marriage, but only after declared so by an appropriate authority, usually a court in the jurisdiction where the marriage occurred. Prior to such judicial declaration, the marriage may be considered voidable. A voidable marriage is considered valid for all purposes unless and until annulled or voided by the court. Even after a marriage is voided, there is every likelihood that the children's status will not be affected. Every state in the United States, for example, considers children of a void marriage to be legitimate,(ii) Posts should have available a copy of the consular district's local laws on marriage and legitimation. If for any reason a marriage does not appear to have been valid and legitimation is a determining factor in the citizenship claim, consular officer's may need to consult local law, if a U.S. domicile cannot be identified, to determine if children born of a void marriage are considered legitimate. If they would not be considered legitimate, the consular officer must determine that the marriage was, in fact, declared void by an appropriate authority before denying the claim. A post that is considering a case involving legitimation in a third country may seek information on the laws of that country from the embassy of that country or from the U.S. embassy in that country.(iii) A law that declares legitimate a child born during a void marriage presumes that the marriage ceremony took place before the child's birth unless the law specifically mentions children born before the marriage. Cases that involve void marriages that occurred after a child's birth should be referred to the Department (CA/OCS).© Absence of a Marriage(i) If no marriage has occurred between the child's U.S. citizen father and the child's natural mother, the consular officer, after determining the appropriate domicile or residence, should consult the applicable U.S. or foreign laws to learn whether the child was legitimated by other means. In most countries or States where legitimation is possible without subsequent intermarriage of the biological parents, certain conditions must be met (such as formal acknowledgment of the child by the father, acceptance into the father's household, consent of the father's wife). For a summary of U.S. laws on legitimation without marriage,(ii) Some states and countries grant all children equal rights, regardless of the parent's marital status. In such cases, the child may be considered to have established paternity by legitimation under old 309(a) if the blood relationship between the father and child was established before the child's 21st birthday, and the law concerning the equality of all children was in effect before the child's 21st birthday.(iii) Some states and countries do not provide any specific way for fathers to legitimate their children. Persons born out of wedlock who had to rely on the legitimation laws of those places could not acquire U.S. citizenship through their fathers if they were age 18 prior to the 1986 amendment of section 309(a) INA.

(4) Legitimation: Adoption by Biological Father(a) If a father adopts his biological child while the child is under age 21, the Department regards the child as legitimated for purposes of old 309(a) regardless of the law of the father or child’s residence or domicile.(b) Before any documents are issued, cases that involve adoption by the biological parent should be referred to the Department (CA/OCS) by telegram or memorandum requesting advisory opinion.

(5) Father’s Physical Presence in the United States: An applicant acquiring citizenship under the old 309(a) must show that his or her father was physically present in the United States for 10 years, at least 5 of which were after the age of 14, prior to the birth of the applicant.

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

BIRTH OUT OF WEDLOCK TO AMERICAN MOTHER:

a. Claims Under Section 309© INA: A child born abroad out of wedlock on or after December 24, 1952, to a U.S. citizen mother acquires U.S. citizenship if the mother was physically present continuously for 1 year in the United States or its outlying possessions at any time prior to the child's birth. This did not change under any of the amendments to Section 309 INA. Thus a woman who had spent only a very short time every year outside the United States would be unable to transmit citizenship under section 309© INA even though she might have qualified to transmit U.S. citizenship under section 301(g) INA if she had been married to the father of the child. The 1966 amendment to section 301 INA allowing members of the U.S. armed forces, employees of the U.S. Government and certain international organizations, and their dependents to count certain periods outside the United States as U.S. physical presence does not apply to section 309© INA. For this reason, the mother of a child born out of wedlock cannot use time spent abroad as a military dependent, for example, to satisfy all or part of the requirement of continuous physical presence in the United States for 1 year. Subsequent legitimation or the establishment of a legal relationship between an alien father and a person who acquired U.S. citizenship at birth under section 309© does not alter that person's citizenship.

b. Claims under Old 309(a): Prior to the November 14, 1986, amendments to section 309(a), section 309(a) did not apply exclusively to the out of wedlock children of U.S. citizen fathers, but could also be applied to the out of wedlock children of U.S. citizen mothers. As a result, a person born out of wedlock to a U.S. citizen mother who could not transmit citizenship under section 309© because she had not been physically present in the United States or outlying possessions for the continuous 1-year period may claim citizenship under old 309(a). As discussed previously, under old 309(a) the child’s paternity must have been established by legitimation before the child’s 21st birthday. If this condition is met, old 309(a) permits acquisition through section 301(g) (formerly 301(a)(7)), which requires that the citizen parent (mother or father), before the child’s birth, have amassed the 10 years of U.S. physical presence, including 5 after age 14. Persons born out of wedlock to alien fathers and U.S. citizen mothers on or after November 14, 1986 cannot claim citizenship under 309(a) because new 309(a) requires that the father have been a U.S. citizen at the time of the child’s birth.