I am a Filipino....perhaps also an American
Do you have an American sounding surname? Do you have a direct ascendant (father, grandfather, great grandfather, great great, etc.) who you think is a US citizen by blood, birth or naturalization? Maybe you're one and so are your children. Read on.
Who are US citizens? Those born in US territory or outlying possessions (tip: Philippines was once an outlying possession of the US) are US citizens. Naturalization also makes a green card holder a US citizen. If both your parents are US citizens, then chances are, you are too.
The above list is more or less straightforward and does not merit elaboration. The tricky part is when one is born in the Philippines to a Filipino and an American parent. To check whether a child born in the Philippines to one American parent is a US citizen, the child's date of birth commences the analysis. A claimant's date of birth determines the applicable "version" of the US citizenship law. (Note: Countless amendments to the original US citizenship law resulted to different "versions" of the law). Once the "version" is determined, the specific requirements to prove US citizenship can now be checked.
The common requirement among these "versions" is that the American parent should have resided in the US, the length of which varies per version. For example, those born between July 4, 1946 and November 13, 1986, their American parent should have resided in US territory or its outlying possessions for 10 years, while those born on or after November 14, 1986, 5 years is merely required.
If the American parent does not meet the residence requirements (e.g. American parent has never been to the US his entire life), there are two practical solutions. One is for the American parent to fly to the US and establish residence there for the required number of years. Second is for the claimant to use the US residence of his grandfather provided claimant is under 18 years old.
The rules become more complicated when the claimant was born illegitimate (American father is not married to Filipina mother). The common requirement among versions is that the claimant has to be legitimated. The claimant can use Philippine law in order to prove that he has been legitimated prior turning 18. Under Philippine law, legitimation occurs upon the parent s subsequent marriage.
If the claimant was never legitimated under Philippine law, the next recourse is to use the legitimation method under US federal immigration law, which requires the American father to execute a document under oath that he acknowledges paternity and that he will financially support the claimant until he reaches the age of 18, provided claimant was born 11/15/1968 onwards. Legitimation under federal law has to occur before the child turns 18.
However, if claimant can t still be legitimated under US federal immigration law, the last recourse is to use the legitimation law of the US State (e.g. California, New York) where the American father resided after the claimant s birth and before claimant s 21st birthday (or 15th birthday if claimant was born between 11/15/71 and 11/13/86).
Like federal immigration law, state legitimation laws have different versions wherein their application depends on the child s date of birth. Old state laws allow public acknowledgment of paternity as operative acts of legitimation while newer laws require official documentation and registration of acknowledgment within a reasonable time after the child s birth.
Other onerous requirements that a claimant to US citizenship has to submit to the US embassy are: 1) proof of parent s US citizenship; and 2) proof indicating both parents physical presence in the same location at the probable time of claimant s conception.
Once your claim to US citizenship is approved, you are now considered to have been a US citizen since birth and can transfer your citizenship to your children, provided you meet the residence requirements. There is no more need to apply for any kind of visa or to look for someone to sponsor you for a green card, because you will now be entering the US with your US passport.
Don t wait for the expiration of your valid claim to US citizenship to punch you in the face. With the amendment to US citizenship laws looming around the corner, it is high time to trace your American roots and flirt with the possibility of a pleasant surprise.
This article merely serves as general info that may or may not apply to your case. It is recommended to seek the advice of a US immigration lawyer who can best analyze your chances to US citizenship claims. The author is a member of the Philippine and New York Bar. As a New York lawyer, he is authorized to practice US Immigration law. If you have specific questions, please contact Globex Immigration Alliance Services, mobile: 09177009823, email: globexia@gmail.com, website: globex.justia.net
Who are US citizens? Those born in US territory or outlying possessions (tip: Philippines was once an outlying possession of the US) are US citizens. Naturalization also makes a green card holder a US citizen. If both your parents are US citizens, then chances are, you are too.
The above list is more or less straightforward and does not merit elaboration. The tricky part is when one is born in the Philippines to a Filipino and an American parent. To check whether a child born in the Philippines to one American parent is a US citizen, the child's date of birth commences the analysis. A claimant's date of birth determines the applicable "version" of the US citizenship law. (Note: Countless amendments to the original US citizenship law resulted to different "versions" of the law). Once the "version" is determined, the specific requirements to prove US citizenship can now be checked.
The common requirement among these "versions" is that the American parent should have resided in the US, the length of which varies per version. For example, those born between July 4, 1946 and November 13, 1986, their American parent should have resided in US territory or its outlying possessions for 10 years, while those born on or after November 14, 1986, 5 years is merely required.
If the American parent does not meet the residence requirements (e.g. American parent has never been to the US his entire life), there are two practical solutions. One is for the American parent to fly to the US and establish residence there for the required number of years. Second is for the claimant to use the US residence of his grandfather provided claimant is under 18 years old.
The rules become more complicated when the claimant was born illegitimate (American father is not married to Filipina mother). The common requirement among versions is that the claimant has to be legitimated. The claimant can use Philippine law in order to prove that he has been legitimated prior turning 18. Under Philippine law, legitimation occurs upon the parent s subsequent marriage.
If the claimant was never legitimated under Philippine law, the next recourse is to use the legitimation method under US federal immigration law, which requires the American father to execute a document under oath that he acknowledges paternity and that he will financially support the claimant until he reaches the age of 18, provided claimant was born 11/15/1968 onwards. Legitimation under federal law has to occur before the child turns 18.
However, if claimant can t still be legitimated under US federal immigration law, the last recourse is to use the legitimation law of the US State (e.g. California, New York) where the American father resided after the claimant s birth and before claimant s 21st birthday (or 15th birthday if claimant was born between 11/15/71 and 11/13/86).
Like federal immigration law, state legitimation laws have different versions wherein their application depends on the child s date of birth. Old state laws allow public acknowledgment of paternity as operative acts of legitimation while newer laws require official documentation and registration of acknowledgment within a reasonable time after the child s birth.
Other onerous requirements that a claimant to US citizenship has to submit to the US embassy are: 1) proof of parent s US citizenship; and 2) proof indicating both parents physical presence in the same location at the probable time of claimant s conception.
Once your claim to US citizenship is approved, you are now considered to have been a US citizen since birth and can transfer your citizenship to your children, provided you meet the residence requirements. There is no more need to apply for any kind of visa or to look for someone to sponsor you for a green card, because you will now be entering the US with your US passport.
Don t wait for the expiration of your valid claim to US citizenship to punch you in the face. With the amendment to US citizenship laws looming around the corner, it is high time to trace your American roots and flirt with the possibility of a pleasant surprise.
This article merely serves as general info that may or may not apply to your case. It is recommended to seek the advice of a US immigration lawyer who can best analyze your chances to US citizenship claims. The author is a member of the Philippine and New York Bar. As a New York lawyer, he is authorized to practice US Immigration law. If you have specific questions, please contact Globex Immigration Alliance Services, mobile: 09177009823, email: globexia@gmail.com, website: globex.justia.net