Other Immigration Law Expatriated

Status
Not open for further replies.

jccoelho99

New Member
Dear Sirs,

I have a legal query. Does someone born out of wedlock from US parents have any right to US citizenship? If the person was adopted in a different country and given foreign nationality? Knowing who the blood family of the person in question is can this be achieved at all. Late in life?
Can it be done through a court of Law?
 
A child born out of wedlock to US parents.... citizenship depends on the location of birth and the age of the parents.
If the child was adopted in a foreign nation, then the child will have citizenship in that nation.
The blood line is not all that important. Once American citizenship is lost then the only way to regain it is through the naturalization process.
 
Thank you.

Birth location was not the United States (edited). Orphaned of my Father before birth and Mother apparently 36. Both American citizens. As well as all my assumed grandparents.

I doubt many papers are going to be available.

Without disclosing a lot of details or compromising anybody. I was registered illegitimate by my adoptive parents in a foreign country (edited). I do have that citizenship.

This is some of what I've learnt through life. To me blood line is important and am still proud of mine. Yet as intriguing as this personal mystery has been, I don't know how to approach things. Or if US law can help me at all.

When you say naturalisation would I have to apply like any other alien?

I'm not interested in entering the green card lottery. This specially believing all my genes to be American.

Please see post below.
 
Last edited:
On second thought and without getting too personal or making any more drama out of this.

Should no one within the family I believe to be that of my genetic Father want to partake in a paternity DNA test. Can a court of law force them to grant me this request. This in Massachusetts USA.

Would a positive result yield me citizenship rights? Again I'm not interested in changing surname or lifestyle, only citizenship to what I believe is my birthright Country.

This is all I really have been wanting to ask about. Really would appreciate.
 
I don't believe you can force anyone to take a test under these circumstances. No, a positive test would not grant you citizenship rights.
It sounds as though you were born an American citizen since your mother was old enough to convey US citizenship, however your adoptive parents made you a citizen of a foreign nation. You may obtain dual citizenship, but only through the naturalization process... like any other foreign applicant.
 
Many thanks. Essentially what I suspected but don't remember hearing from a lawyer. So ultimately the law never really would have done much for me anyway. Not in regard to this approach.

I heard about suing adoptive parents also. I don't want that either.

If I'm not mistaken the American naturalization process from abroad essentially consists in applying for a green card? Except perhaps for people already living in the United States but I'm guessing it wouldn't be any easier there.

OK My birth register mentions I'm illegitimate. I believe my Mother to be American. There's no clinic or hospital record of my birth.
You won't be able to prove my Mother is not American. Any chances on citizenship?

I really appreciate.
 
Last edited:
It is up to you to prove that your parents were American citizens, not someone else's responsibility to prove that they were not.

I am not sure where you go in a foreign nation to apply for a green card... perhaps the American Embassy? I am sure you can find information about naturalization online.
 
It is up to you to prove that your parents were American citizens

How would I go about this. Would I need a verbal confirmation alone?
If such confirmation is available would both parties then
need to undergo DNA tests?

Would citizenship be granted on such base?
 
No, citizenship would not be granted that way.
What you would need is documentation such as your birth certificate and that of your parents.
The point is moot though. Once you became a citizen in whichever foreign nation your adoptive parents brought you to, then the only way to regain American citizenship is through the naturalization process.
You might be able to determine the identity and citizenship of your parents, but doing so will not change the fact that you need to go through the naturalization process.
 
Wow. Actually surprised. But glad to be informed.
Yes I wouldn't be posting here saying I'm an American expatriate if I wasn't pretty confident and comfortable of who my parents are.

Well being an orphan and all, it looks like the legal route would not do anything towards me acquiring what I believe to be my birthright citizenship.

I would get into further details but let's just put things as I know them.
I believe my birth register to be inaccurate as to my birth location.
Even my adoptive parents have hinted at this.

Whichever case that doesn't cancel out the fact that my Mother is American according to the law. It doesn't support it either it simply reads illegitimate child of.. adoptive parents.

Now since I believe this document to be inaccurate as to birth location I obviously don't have a clinic birth record at place mentioned.
Mother didn't give me birth here, where I just happen to living again for now.

Knowing where she gave me birth doesn't help since I know for a fact there's no record of my birth there either. I've had friends inquire on this.
So ultimately I've been expatriated in a way that I simply can't recover my citizenship through the legal route. Am I correct in assuming this?

Unless I put myself through the annual green card lottery which is something I honestly don't think I'm interested in any longer. Appreciate.
 
To the best of my knowledge, under the circumstances you are presenting here, the only way for you to gain American citizenship is through the naturalization process.
Even if you could somehow prove that you were technically a natural-born American citizen, you had since become a citizen of a foreign nation (obviously not by your own choice, but you did nonetheless). Once you became a foreign citizen, your only option is naturalization... though there are those out there with dual citizenship, but this is not one of those scenarios.
 
Really appreciate always wanted to inquire with a lawyer on all this.
So glad this forum exists. So ultimately there's no legal path for me to approach any of it. I've been to your embassy before and had similar feedback.

Maybe I'll look up naturalisation again sometime, but if I'm not mistaken the only approach is the green card lottery. Somehow that doesn't interest me even though I believe to have submitted an entry in the past.

Any case best Regards.
 
One last question. I assume that proving my parent (or late parent) are American wouldn't give me access to a green card either?

When you say naturalisation I understand the process involves living long enough in the USA with a green card. And then doing tests and so on.
But green cards are only available though a lottery?
 
I am not sure how green cards are handed out. That might vary by country.
Proving who your parents were would not change things at this point since your whole life you have been a citizen of another nation- you would have to be a naturalized American, which as you said, involves living and working in the US for a number of years and taking a citizenship test.
 
Status
Not open for further replies.
Back
Top