回复:回复:回复:回复:回复:回复:回复:请问8 老师和皮匠-女儿身份

我女儿没有绿卡. 他爸爸在美国出生,没有离开过美国,他今年40. 我们的女儿2岁多. 我看N-600, 要我女儿的绿卡的信息,我们没有,我该怎样填??
我跟我先生是在女儿出生后才结婚登记
-Your child can claim her US citizenship, but need to provide the clear and convincing evidence of the blood relationship between she and her father because your child was born before her father married you (birth abroad out of wedlock).  You had better consult an immigration lawyer for the paperwork preparation for her US citizen acquisition.


Here is some related law for your child's case:
Cited from:
http://travel.state.gov/content/travel/english/legal-considerations/us-citizenship-laws-policies/citizenship-child-born-abroad.html

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father – “New” Section 309(a)

A person born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) of the INA, as made applicable by the “new” Section 309(a) of the INA provided:

  1. A blood relationship between the person and the father is established by clear and convincing evidence;
  2. The father had the nationality of the United States at the time of the person’s birth;
  3. The father was physically present in the United States or its outlying possessions prior to the child’s birth for five years, at least two of which were after reaching the age of 14.
  4. The father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and
  5. While the person is under the age of 18 years --
  • the person is legitimated under the law of his/her residence or domicile,
  • the father acknowledges paternity of the person in writing under oath, or
  • the paternity of the person is established by adjudication of a competent court.

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father – “Old” Section 309(a) of the INA- A child born out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under the former Section 301(a)(7) of the INA as made applicable by the “old” Section 309(a) of the INA if the U.S. citizen father, prior to the child’s birth, had been physically present in the United States or one of its outlying possessions for ten years, five of which were after the age of 14, and if the paternity of the child had been established by legitimation prior to the child reaching the age of 21. The “old” Section 309(a) of the INA is applicable to individuals who were 18 on November 14, 1986 and to individuals whose paternity had been established by legitimation prior to that date. Individuals who were at least 15 on November 14, 1986, but under the age of 18, could opt to have their claim determined in accordance with the provisions of either the “old” or the “new” Section 309(a).

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