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  • Regarding citizenship status

    Hello,

    I'm posting this thread in regards to my citizenship status. I would like to get a clarification on whether or not I am/could be a U.S. citizen. According to information found online, some sources imply I am a citizen already and some imply I'm not. Any clarification on this matter is much appreciated.

    Personal details:

    Born out of wedlock in Sweden April 13 1998 (age 20) to a Swedish Mother and an American father.
    Father was born in Israel in 1967 and naturalized to become a U.S. citizen in 1988.

    I have grown up and lived in Sweden all my life, but have kept a steady contact with my father who has lived in the U.S. since 1980. We have met at least once a year since I was very little (either him visiting me in Sweden or me visiting him in the U.S).
    __________________________________________

    According to the website of the U.S. embassy in Sweden (https://se.usembassy.gov/u-s-citizen...-requirements/), I might already be a U.S. citizen since my father has been physically present in the U.S. for over five years (at least two of which were after he was the age of fourteen). He has also acknowledged paternity and did provide financial support until I was the age of 18.

    Is this true? Should I file Form N-600? If not, are there any other ways for me to obtain American citizenship through my father?

    Thank You in advance for considering my request for clarification. If any additional information is required in order to answer my inquiry, please do not hesitate to ask away.

    /Mr. Agoston

  • #2
    Originally posted by J. N. Agoston View Post
    Hello,

    I'm posting this thread in regards to my citizenship status. I would like to get a clarification on whether or not I am/could be a U.S. citizen. According to information found online, some sources imply I am a citizen already and some imply I'm not. Any clarification on this matter is much appreciated.

    Personal details:

    Born out of wedlock in Sweden April 13 1998 (age 20) to a Swedish Mother and an American father.
    Father was born in Israel in 1967 and naturalized to become a U.S. citizen in 1988.

    I have grown up and lived in Sweden all my life, but have kept a steady contact with my father who has lived in the U.S. since 1980. We have met at least once a year since I was very little (either him visiting me in Sweden or me visiting him in the U.S).
    __________________________________________

    According to the website of the U.S. embassy in Sweden (https://se.usembassy.gov/u-s-citizen...-requirements/), I might already be a U.S. citizen since my father has been physically present in the U.S. for over five years (at least two of which were after he was the age of fourteen). He has also acknowledged paternity and did provide financial support until I was the age of 18.

    Is this true? Should I file Form N-600? If not, are there any other ways for me to obtain American citizenship through my father?

    Thank You in advance for considering my request for clarification. If any additional information is required in order to answer my inquiry, please do not hesitate to ask away.

    /Mr. Agoston
    You said he "did provide financial support until I was the age of 18", but the requirement is that he must have made a written statement to support you until the age of 18. Just because he did provide support does not mean he agreed in writing to do so. 8 FAM 301.7-4(E)(3).b(3) from the Department of State's Foreign Affairs Manual contains information about the statement of support requirement. USCIS Policy Manual Volume 12 Part H Chapter 3 section C-1 also contains information about it. The latter says that you can provide a document that supports that your father "accepted his legal obligation to support" you.

    If you are a citizen, assuming your parents never applied for a CRBA for you, there are two ways you can get evidence of US citizenship:

    1. You can apply for a US passport. You need to provide all the evidence you mentioned above, including your father's periods of physical presence in the US before your birth, and the acknowledgement of paternity and written agreement to support you.

    2. You can file N-600 to apply for a Certificate of Citizenship. You provide the same evidence.

    The US passport is much cheaper ($145 for passport vs. $1170 for N-600) to apply for.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by newacct View Post
      You said he "did provide financial support until I was the age of 18", but the requirement is that he must have made a written statement to support you until the age of 18. Just because he did provide support does not mean he agreed in writing to do so. 8 FAM 301.7-4(E)(3).b(3) from the Department of State's Foreign Affairs Manual contains information about the statement of support requirement. USCIS Policy Manual Volume 12 Part H Chapter 3 section C-1 also contains information about it. The latter says that you can provide a document that supports that your father "accepted his legal obligation to support" you.

      If you are a citizen, assuming your parents never applied for a CRBA for you, there are two ways you can get evidence of US citizenship:

      1. You can apply for a US passport. You need to provide all the evidence you mentioned above, including your father's periods of physical presence in the US before your birth, and the acknowledgement of paternity and written agreement to support you.

      2. You can file N-600 to apply for a Certificate of Citizenship. You provide the same evidence.

      The US passport is much cheaper ($145 for passport vs. $1170 for N-600) to apply for.
      Thanks for the help. My father does have proof that he financially supported me/my mom until 2017. He has the original document of when the financial support was terminated, the original document of a $3600 transaction to my mother from 2003, and a few original monthly bills. Is this enough evidence?
      My father is also looking for an ''acknowledgement of paternity'' which seems to be required according to the second link you posted, but he's not sure if he still has it. Is there a way to prove his paternity without it?

      I will finally be able to contact the U.S. embassy here tomorrow, hopefully they can also clarify some things. Really appreciate your help thus far and I'm sure I'll have more questions in the upcoming days if you're available to answer them!

      Comment


      • #4
        Originally posted by J. N. Agoston View Post
        Thanks for the help. My father does have proof that he financially supported me/my mom until 2017. He has the original document of when the financial support was terminated, the original document of a $3600 transaction to my mother from 2003, and a few original monthly bills. Is this enough evidence?
        My father is also looking for an ''acknowledgement of paternity'' which seems to be required according to the second link you posted, but he's not sure if he still has it. Is there a way to prove his paternity without it?

        I will finally be able to contact the U.S. embassy here tomorrow, hopefully they can also clarify some things. Really appreciate your help thus far and I'm sure I'll have more questions in the upcoming days if you're available to answer them!
        So there are two requirements:

        1. One of the following: you were legitimated under the law of the place where you were (e.g. if your parents married after you were born, or if the law legitimates you even without the parents being married), your father acknowledged your paternity, or your paternity was determined to be your father by a competent court. So your father's acknowledgement is not necessary if your parents married, or if your paternity was determined by court.

        2. Your father needs to have made a written statement to support you. It's not sufficient that the court ordered him to support you or the he supported you. You must have evidence that he voluntarily agreed to support you or voluntarily accepted an obligation to support you.

        This is my personal opinion and is not to be construed as legal advice.

        Comment


        • #5
          Originally posted by newacct View Post
          So there are two requirements:

          1. One of the following: you were legitimated under the law of the place where you were (e.g. if your parents married after you were born, or if the law legitimates you even without the parents being married), your father acknowledged your paternity, or your paternity was determined to be your father by a competent court. So your father's acknowledgement is not necessary if your parents married, or if your paternity was determined by court.

          2. Your father needs to have made a written statement to support you. It's not sufficient that the court ordered him to support you or the he supported you. You must have evidence that he voluntarily agreed to support you or voluntarily accepted an obligation to support you.
          1: My parents have never been married. However, my father has acknowledged his paternity. I spoke with my mom today and she told me she has the acknowledgement saved somewhere (she is currently looking for it).

          2: I'm not sure if he voluntarily accepted an obligation to support me. Is this absolutely necessary? I spoke with the embassy today to go over all the requirements to apply for a first-time U.S. passport. They pretty much just repeated what i found on https://se.usembassy.gov/u-s-citizen...ime-applicant/ ,which doesn't include the need for proof of voluntary financial support. Am I missing something? Thanks for your help.

          Comment

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