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  1. #1
    Join Date
    Jun 2006
    Location
    michigan
    Posts
    9

    Default Child Born out of Wedlock

    Our 11 year old son was born out of wedlock overseas !
    How can we aquire the Certificate of Citizenship for him under the Child Citizenship Act of 2000 ? He does not have FS240 or DS1350, but qualifies through one US Citizen Parent, legal admission in the USA, is under the age of 18, DNA testing confirms paternity of the father, and resides here for more than 5 years.
    His biological father and I are married now and I am a legal permanent resident. The law and policies of the country he was born did not allow me to put the fathers name on the birth certificate, therefor my son has my surname.

    Please help if you have any info on how to file, which forms to fill out and what to do. We have been battleing this for years and always end up at a dead end road.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    73,747

    Default Re: Child Born out of Wedlock

    I know nothing of the procedural history, what you have tried or why it failed, and I don't even know what country is involved. The citizen parent should check with the consulate or embassy in the country to find out the child's eligibility requirements and how to register the child.

  3. #3
    Join Date
    Jun 2006
    Location
    michigan
    Posts
    9

    Default Re: Child Born out of Wedlock

    Quote Quoting Mr. Knowitall
    I know nothing of the procedural history, what you have tried or why it failed, and I don't even know what country is involved. The citizen parent should check with the consulate or embassy in the country to find out the child's eligibility requirements and how to register the child.
    We tried to file form FS240 and DS1350, but they told us it had to be done at the american embassy in germany--were the child was born, no later than 31 days after the child is born.
    We did the paternity test and were told through a free consultation with the Immigration Attourney that we now have to file for a delayed register of the Citizen Child born abroad. We filled out the proper paperwork and the department in Wash. DC responsible for such registration sent back the paperwork with the comment--you have to file this petition within the first year after the child is born--we can not file anymore.
    In 2001 the Child Citizenship Act was signed into law and we were wondering if our son qualifies for citizenship under this law. I am aware of the fact that we need a lawyer, but if someone tells me which forms to get, I can fill them out myself and send them in instead of paying $2000, if all that needs to be done is filing and sending. I know our son has rights, even if not yet aknowledged by law.
    The Immigration Office we go through is in Detroit Michigan and they send us on our way with the FS240, which we can not file. Our son's greencard is on hold for almost five years now, because they told us he should not file for one but claim his citizenship through his father. It almost looks to me, that I will have to wait until my 5 years are up, apply for citizenship and then have our son claim his citizenship through me. I hear grim stories about the sometimes very long process time and I have keep my fingers crossed that it would be done before he turns 14, because the law is different after that age.
    Around and around we go.

    If anyone has any other suggestions, or experience with this kind of situation--although I imagine it is very rare. Please let me know.
    Thank you Mr Knowitall for your time and knowledge, we appreciate your free service.

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