Can illegitimate children derive US citizenship from their fathers?

[apple21 953]

Asking for someone else....

Can illegitimate children derive US citizenship from their fathers (after father successfully Naturalize)?

Children have 10yr GC and living with father in the US. Biological mother is not in the US and not in the picture.

Thanks.

Edited November 5, 2016 by apple21

[EM_Vandaveer 2,417]

The children are under-18 LPRs living with their USC father in the US? They are USCs themselves at this point. Their father should file for their US passports.

[NikLR 13,232]

The child is legitimized because they are an LPR living with the father as their guardian. They are USCs now.

[apple21 953]

Thanks.

The children are under 18. They are not legitimized because their mom and dad never married. So that means once the father gets his Naturalization Certificate he can apply for the kids' US passports too?

Any one with actual experience? ?

[EM_Vandaveer 2,417]

Thanks.

The children are under 18. They are not legitimized because their mom and dad never married. So that means once the father gets his Naturalization Certificate he can apply for the kids' US passports too?

Any one with actual experience? ?

No actual experience, but according to the Child Citizenship Act, under-18 LPRs living with their USC parent automatically become citizens themselves. Therefore they are entitled to US passports.

[apple21 953]

https://www.uscis.gov/sites/default/files/files/article/M-476.pdf

Question 24 and 25.

Thanks.

We are looking into that link about children not being legitimated before age 16.

Does that apply to his situation?

Edited November 5, 2016 by apple21

[lilsweetie 35]

Their father can apply for US passports for them with their GC and birth cert and any custody documents (may need mother's signature or alternative if she cannot be reached).

[Anitafeliz 1,133]

As soon as dad becomes USC the children will qualify for citizenship.

What does being legitimate have to do with it??

A child of a USC is also entitled to US citizenship. So when he's a USC he can apply.

[kris&me 572]

illegitimate?

living with father / is he on birth certificate?

Will he need to do DNA to prove he is the father?

everyone here assumed he is actually the father and it is a little more complicated

At my husband's embassy people tried to bring in nephews and/or nieces and proof of being the parent is needed

[apple21 953]

As soon as dad becomes USC the children will qualify for citizenship.

What does being legitimate have to do with it??

A child of a USC is also entitled to US citizenship. So when he's a USC he can apply.

I posted a link above that's confusing the father.

Anyhow, thanks everyone for replying. He will apply US passports for the kids as soon as he gets his Naturalization Certificate. ??

[NikLR 13,232]

He may need to prove he is the father but a dna test will prove that. He can do that now.

[apple21 953]

He may need to prove he is the father but a dna test will prove that. He can do that now.

DNA was not required during their embassy interview. The children got their GC as his derivatives thru the F2B petition filed by his mom (the kids' grandmother).

Anyway, if illegitimate children can get CRBA, I guess they can too thru Naturalization. He is on their BC after all. I told him don't overthink the process too much. ?

[NikLR 13,232]

If hes on their birth certificates theyre legitimate.

Regardless if he was married to the mother or not. Thats all he needs at this point.

[apple21 953]

Thanks.

[EM_Vandaveer 2,417]

It'd make ZERO sense that they'd count as illegitimate when he's on their BC, the relationship was already verified when they were his derivatives for immigrant visas and he is raising them. Only way to find out for sure is by applying for passports or N-600s for them.