Re: U.S. passport to a minor born in the Philippines but born to a U.S. citizen father
- From: richw@xxxxxxxxx (Rich Wales)
- Date: Sat, 13 May 2006 01:56:31 +0000 (UTC)
"Tim308" wrote:
> I have an 11 year old daughter who lives with me here in
> the Philippines. Her U.S. citizen father and I (a non-U.S.
> citizen) are not married but we do live as a married couple
> although he lives in Guam and visits us every month. He
> now wants to obtain a U.S. passport for my daughter and
> wants to know the requirements. Will they ask for a
> marriage certificate even if we are not married?
It sounds like your situation is covered by section 309 of the
Immigration and Nationality Act [8 USC 1409]. This section deals
with cases where a child is born outside the US to an American
father and a non-American mother, where the parents were not
legally married at the time of the child's birth.
You have the advantage, in this case, that the father is fully
prepared to acknowledge that he =is= the father. Also, he'll
need to certify in writing that he will provide financial
support for your daughter until she is 18 years old.
Assuming the above is successfully taken care of, you will then
need to go to subsection 301(g) of the Immigration and Nationality
Act [8 USC 1401(g)], which deals with cases where a child born
outside the US has one (and only one) American parent (the other
parent not being a US citizen). Your partner is going to need
to convince US consular officials that, prior to the birth of
your daughter, he spent a total of at least five years in the US
(or its outlying possessions, including Guam) -- and that out of
this five-year minimum, he spent at least two years in the US
(or its outlying possessions) after his 14th birthday. This
possibly weird-sounding rule is designed to prevent endless
generations of expatriate descendants of Americans from claiming
US citizenship despite not having any real links to the US.
> Another question is, if we get her a Philippine passport
> for the meanwhile so we can travel around Asia, will it
> affect my daughter's obtaining a U.S. passport?
As far as I know, no, it shouldn't make any difference.
Rich Wales richw@xxxxxxxxx http://www.richw.org/dualcit/
*DISCLAIMER: I am not a lawyer, professional immigration consultant,
or consular officer. My comments are for discussion purposes only and
are not intended to be relied upon as legal or professional advice.
.
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