[Gdenall]

Hi
My name is Carlos. I'm Italian-Brazilian, 30 years old and I'm living in Italy. My father born in Washington DC, but he moved out to Brazil when he was really young, about 1 year old, and he never went back to USA for live. Recently (2004) he got his SSN, passaport and drive's licence when he went to Hawaii for vacation. My Mom is Brazilian and she never went to USA. Recently I have a proposal for go work there, but is not a special job who it's allowed to get a work visa. I would like to know if it's possible to apply for a green card or permission because my father's situation.
Thanks.

[lawanwadee]

How old you are you now?

[Gdenall]

29... 30 next week...
My name is Carlos. I'm Italian-Brazilian, 30 years old and I'm living in Italy.

[lawanwadee]

1. I assume that your father did not report birth to the US consulate in Brazil when you were born. Now it's too late to do so. A Report of Birth Abroad cannot be issued after the child has passed his eighteenth birthday.

2. This is a case of only one American parent. Citizenship cannot be claimed if your father never lives in US. The law requires at least 5 years physical presence in the U.S. two of which were over the age of 14. He may be able to petition green card for you if he decides to live in US permanently.

Embaixada dos Estados Unidos no Brasil

[Gdenall]

I find this information

If only one of the parents is a U.S. citizen, proof of physical presence in the United States of that parent is required. For children born on or after November 14, 1986, in order to transmit your citizenship to your child you must have been physically present in the United States for five years, two of which were after the age of 14 and before the child was born. The easiest way to prove this is with original school or employment records but you may also use old passports with entry and exit stamps, photographs, records of doctor visits or any other official record that shows that you were in the United States. These are only some of many examples. Upon examination of the application, additional information may be required.

(In my case I born before 1986, what's change, my father never living in USA for 5 years, any chance to any permission?)

[Gdenall]

Thank you for your help, you are very kind.

[Gdenall]

Sorry ask you again, but why the law change if I'm born in Italy ?
Reports of Birth Abroad

[lawanwadee]

Sorry ask you again, but why the law change if I'm born in Italy ?
Reports of Birth Abroad

The law says the same thing no matter you're born in Brazil or Italy or anywhere in the world. In your case, the issue is your father failed to report your birth to US embassy. This must be done before you reach the age of 18.

Your only chance is having your father contacted the nearest US embassy..