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Can a DS-10 be filed on behalf of a deceased person?

Discussion in 'Other Family Law Matters' started by AspiringLatvian, Dec 7, 2017.

  1. AspiringLatvian

    AspiringLatvian Law Topic Starter New Member

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    European Union
    I am an American citizen applying for dual citizenship with an EU-member state. They allow dual citizenship for the descendants of "exiles" from WW2 (i.e. refugees who emigrated because of the war/occupation).

    I have been able to prove that my maternal grandfather was a citizen of this (now) EU-member state pre-WW2. My mother was born there during the war, and the archivist I hired told me that there is no record of her birth certificate or her name in the birth register because many of those files were lost or destroyed during the war.

    My application for dual citizenship was rejected because I was unable to provide sufficient evidence of my direct relationship to my grandfather (i.e. I have my own birth certificate which lists my mother, but my mother did not have a birth certificate and thus the citizenship office claims there is insufficient proof a relationship between my mother and her father).

    Unfortunately, my mother died several years ago. However, her elder sister, who was present for the birth, is still alive.

    I am wondering if I can have my aunt fill out a DS-10 (a US Birth Affidavit) on behalf of another (deceased) person (my mother). The application only requires the signature of the AFFIANT, not the applicant. It does, however, require the address of the applicant.

    So I guess my question boils down to, can a US Birth Affidavit (DS-10) be filed on behalf of a deceased person (the would be applicant) to confirm his/her birth? And, if not, does anyone have any other suggestions for alternatives to my mother's non-existent birth certificate?

    Thanks very much!
  2. army judge

    army judge Super Moderator

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    Yes, talk to an immigration lawyer, or the someone from the embassy of the nation from whom you're trying to acquire citizenship.
  3. zddoodah

    zddoodah Well-Known Member

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    You can ask your aunt to fill out and you can submit anything you like. Whether the unidentified country where you want to seek citizenship will accept it for the purpose you described is something we couldn't begin to know. You realize there are 28 countries in the EU, and they presumably all have different laws, right?

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