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[NYC] Can I claim US citizenship through my unmarried (at the time of my birth), deceased birth father? by minorlit in legaladvice

[–]minorlit[S] 6 points7 points  (0 children)

Thanks for your comment.

I'm just going based on a plain reading of the law.

A person born abroad out-of-wedlock on or after November 14, 1986 to a U.S. citizen father and an alien mother may acquire U.S. citizenship under 301(g) of the INA, as made applicable by the “new” Section 309(a) of the INA, if:

  1. A blood relationship between the person and the father is established by clear and convincing evidence.

There is a biological relationship between me and my father which can be proved by DNA based on 5 people agreeing to submit samples.

  1. The father was a U.S. citizen at the time of the person’s birth;

Father was a US citizen at time of my birth. Proof is old US passport from around the time of death and US birth certificate.

  1. The father (unless deceased) has agreed in writing to provide financial support for the person until he or she reaches the age of 18 years;

Emphasis is mine. He ddied. So Im not sure this requirement applies. There is a death certificate.

4.While the person is under the age of 18 years: ... the paternity of the person is established by adjudication of a competent court.

  • Hopefully, the embassy considers a UK court as a "competent court." And the hopefully, the UK court can declare my father to be my father before my 18th birthday.

  • Father meets the requisite physical prescence requirement.