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An illegitimate child residing in Philippines wants to have an american citizenship

Rialto, CA |

im a illegitimate child and my father abandoned me since my mother's pregnancy... he is a filipino and not living in california with his family and now an american citizen... what legal action can i possibly do to have also my citizenship of the state... he is a filipino... i dont have any support coming from him...

i mean he is now living in california

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Attorney answers 4

Posted

unfortunately without his help, there is not much you can do. You have to proof that he is your father and was a U.S. citizen at the time of your mother pregnancy. If he was not a U.S. citizen at that time, you need his help to proof that he is your father and to file an immediate family petition for you.

Good luck

Elkhalil Law Firm, LLC
Hassan Elkhalil
www.greencardusa.com
(770) 612-3499

Disclaimer: This answer is for informational and educational use only. This answer does not create attorney-client relationship. For more details, I recommend a private consultation with an immigration lawyer.

Asker

Posted

what about i carry his surname and he is in my birth certificate...

Posted

I agree. You did not gain citizenship with dad. So he has to cooperate and petition you if he can.

Posted

If he was not a citizen at the time you were born, then he cannot transmit citizenship to you. He could, in theory, try to petition for you, but you would have to show that you were legitimated before age 18. From what you're saying it doesn't sound like that happened. Without his cooperation, proving legitimation and having a petition approved would be impossible.

The information provided is given for general purposes only. It is not meant to provide any specific guidance or give any legal advice. It is recommended that you bring your specific situation to a licensed attorney for a more complete and thorough evaluation.

Posted

Ultimately, if your father gained his citizenship after your birth, the only way that you may gain citizenship at this point, would be if your father were to file a petition on your behalf, based on your being a son or daughter of US Citizen. Factors to consider include: your age at time of filing petition; whether you are married or unmarried; but please understand, you can not force your father to file a petition for you. From your statement, it appears that you and your father have little or no contact; so unless he has a change of heart, or you both can repair your familial issues; it doesn't seem likely that your father will file a petition on your behalf.

This response in no way establishes attorney/client privilege or relationship.

Asker

Posted

what about i carry his surname and he is in my birth certificate...

Sonya Nicole Campbell

Sonya Nicole Campbell

Posted

Your parent must voluntarily petition for you. In order to be eligible for a family-based visa, you need to have a US citizen spouse, parent, child over 21, or sibling file an application on your behalf, and that must be of their own accord. Citizenship is privilege and benefit, not a right, unless you are a natural born US citizen; your father can not be compelled to file a petition for you. Unless, he was a US citizen when you were born. But you would need a copy of his Certificate of Naturalization, to determine the date your father became a citizen, and whether he was a citizen before you were born.

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