Born in USA

[Mr and Mrs Bird 0]

I took my 16 year old son with me to US on a K-2 visa.

Just came to my mind if he will be treated another way in our applying for AOS?

His father is born in US.

[YuAndDan 153]

If your son's biological father is an American, your son did not need the K-2 visa, just needed his birth registered at the consulate, and could have gotten a US passport to enter the USA as a citizen.

At this point you can file N-600 for son with evidence that father was an American citizen at birth.

SEE:

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

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Edited June 14, 2007 by YuAndDan

[Mr and Mrs Bird 0]

If your son's biological father is an American, your son did not need the K-2 visa, just needed his birth registered at the consulate, and could have gotten a US passport to enter the USA as a citizen.

At this point you can file N-600 for son with evidence that father was an American citizen at birth.

SEE:

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

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Thank you very much for these importent informations.

I wonder why our lawyer didn't tell us anything about this.

Now our case is already pending in Chicago.

Is there something we can do about this?

[YuAndDan 153]

If your son's biological father is an American, your son did not need the K-2 visa, just needed his birth registered at the consulate, and could have gotten a US passport to enter the USA as a citizen.

At this point you can file N-600 for son with evidence that father was an American citizen at birth.

SEE:

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

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Thank you very much for these importent informations.

I wonder why our lawyer didn't tell us anything about this.

Now our case is already pending in Chicago.

Is there something we can do about this?

Probably info pass appointment and explain situation, son is a citizen not an immigrant.

[Mr and Mrs Bird 0]

If your son's biological father is an American, your son did not need the K-2 visa, just needed his birth registered at the consulate, and could have gotten a US passport to enter the USA as a citizen.

At this point you can file N-600 for son with evidence that father was an American citizen at birth.

SEE:

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

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Thank you very much for these importent informations.

I wonder why our lawyer didn't tell us anything about this.

Now our case is already pending in Chicago.

Is there something we can do about this?

Probably info pass appointment and explain situation, son is a citizen not an immigrant.

Wow now I am really upset.

We have already used a fortune on all this included the lawyer

[Mr and Mrs Bird 0]

I just contacted my lawyer.

He told us that I wasn't married to my son's father, and will have to wait to become a naturalized U.S. citizen, five years after he is granted lawful permanent resident status.

[YuAndDan 153]

I just contacted my lawyer.

He told us that I wasn't married to my son's father, and will have to wait to become a naturalized U.S. citizen, five years after he is granted lawful permanent resident status.

Still confused here, is your son's father the person that you are married to and immigrated to the USA to be with? if only one biological parent either father or mother is a US citizen when the child is born then the child has claim to US citizenship, but a bit more complex if out of wedlock.

I think you have a lawyer who doesn't want to admit making a mistake.

I was born overseas. I believe I was a U.S. citizen at birth because one or both my parents were U.S. citizens when I was born. But my birth and citizenship were not registered with the U.S. Embassy when I was born. Can I apply to have my citizenship recognized?

Yes, but please note—whether or not someone born outside the U.S. to a U.S. citizen parent is a U.S. citizen depends on the law in effect when the person was born. These laws have changed over the years, but usually require a combination of the parent being a U.S. citizen when the child was born, and having lived in the U.S. or its possessions for a period of time. The table on the next page gives some examples of recent requirements. Derivative citizenship can be quite complex and may require careful legal analysis.

Child born abroad – one parent a U.S. citizen when the child was born; the other not a U.S. citizen

Born on or after November 14, 1986

Requirements: Before the child was born, the U.S. citizen parent must have been physically present in the U.S. or its possessions for at least 5 years, 2 of which must have been after the parent turned 14.

For example: For a child born on or after November 14, 1986, with one parent a U.S. citizen when the child was born, the child

‘derived’ U.S. citizenship at birth if, before he/she was born, that parent lived in the U.S. for at least 5 years, 2 of which were after

he/she turned 14.

Requirements differ somewhat for children born out of wedlock to a U.S. citizen mother or father. For more information, please check our website, or the State Department website at www.state.gov

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

From department of state:

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father: A child born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) INA, as made applicable by Section 309(a) INA provided:

1. a blood relationship between the applicant and the father is established by clear and convincing evidence;
   
2. the father had the nationality of the United States at the time of the applicant's birth;
   
3. the father (unless deceased) had agreed in writing to provide financial support for the person until the applicant reaches the age of 18 years, and
   
4. while the person is under the age of 18 years --
   

A ) applicant is legitimated under the law of their residence or domicile,

B ) father acknowledges paternity of the person in writing under oath, or

C ) the paternity of the applicant is established by adjudication court.

http://travel.state.gov/law/info/info_609.html Edited June 14, 2007 by YuAndDan

[john_and_marlene 162]

Deleted

Edited June 14, 2007 by john_and_marlene

[Mr and Mrs Bird 0]

My son's father was born in USA and moved out of USA when he was 12 years old. He haven't been here since.

I met him in my homecountry and had our son together, but we did never get married. He still live there.

Now I am married to another american citizen and trying to get a greencard.

Recently I have heard that my son properly already is an american citizen and very much in doubt if we could have being without all this.

[john_and_marlene 162]

If only one parent was a U.S. citizen at the time of your birth, that parent must have resided in the United States for at least five years, at least two of which must have been after the age of 14. You don't need to do anything special to keep this type of citizenship. If your one U.S. citizen parent is your father and you were born outside of marriage, the same rules apply if your father established paternity prior to your 18th birthday, either by acknowledgment or by court order, and stated in writing that he would support you financially until your 18th birthday.

http://www.immigrate-us.net/nat.html

It appears your son does not qualify for derived citizenship and you are currently on the correct course.

Edited June 14, 2007 by john_and_marlene

[Mr and Mrs Bird 0]

If only one parent was a U.S. citizen at the time of your birth, that parent must have resided in the United States for at least five years, at least two of which must have been after the age of 14. You don't need to do anything special to keep this type of citizenship. If your one U.S. citizen parent is your father and you were born outside of marriage, the same rules apply if your father established paternity prior to your 18th birthday, either by acknowledgment or by court order, and stated in writing that he would support you financially until your 18th birthday.

http://www.immigrate-us.net/nat.html

It appears your son does not qualify for derived citizenship and you are currently on the correct course.

Ok thank you very much.

[YuAndDan 153]

If only one parent was a U.S. citizen at the time of your birth, that parent must have resided in the United States for at least five years, at least two of which must have been after the age of 14. You don't need to do anything special to keep this type of citizenship. If your one U.S. citizen parent is your father and you were born outside of marriage, the same rules apply if your father established paternity prior to your 18th birthday, either by acknowledgment or by court order, and stated in writing that he would support you financially until your 18th birthday.

http://www.immigrate-us.net/nat.html

It appears your son does not qualify for derived citizenship and you are currently on the correct course.

I agree with this, father left country before age 14, and did not reside in the USA after that at least 2 years after age 14.

So yes you are on the correct course.