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Can an illegal alien obtain citizenship through his father, a U.S. citizen, even though the father is now deceased

My husband was brought over the border when he was 5 years old. His father was a us citizen, his mother was mexican citizen. His parents died in a car accident and my husband only child was the sole survivor. His grandparents in California took care of him and also they received social security benefits for my husband from his deceased father. my husband is still illegal, can he obtain citizenship through his father, even though he is deceased?

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Attorney answers (2)

Reputation Level 20
Your husband should review his facts with an attorney. Your husband's options really depend on the specific facts of his situation.

Offhand, it looks very likely that your husband was actually born a US citizen as his father was a US citizen at the time of the husband's birth. The law at the time of the husband's birth would likely be the controlling law.

There is no statute of limitation on a citizen's citizenship status. If born a US citizen, the person will remain a US citizen for life unless is stripped of US citizenship (for something like treason) or the person intentionally renounces his US citizenship (and a representative of the US government accepts the renunciation).

If your husband was born a US citizen, he is a US citizen regardless of how old he is now. He will need to submit an application with supporting evidence to the immigration service to get a certificate confirming his US citizenship.

Your husband should gather as much background information as he can and go see an attorney. Such background information include birth certificates for him and his father, other proofs of his father's citizenship, proofs of a relationshp between him and his father. The attorney will help him gather whatever other evidence is needed.
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Reputation Level 14
In order to fully analyze derivative citizen benefits, more information is needed. The laws regarding derivitive citizenship have changed over the years and are quite complex. You should consult qualified immigration counsel to work out the "puzzle" of derivative citizenship. This is the type of question that is impossible to answer without complete information about the US citizen father and the law at the time of birth.
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