[athinabean]

Hi, and thank you for our help in advance.

My father was born in the US and spent many years there after being born. For some reason, his parents did not pursue citizendhip for him or his brothers or sisters - also born in the US.
My father did not register me before I turned 18 at the corresponding american embassy (the family was moved to Ecuador by then) and I read in another thread that it can't be done at this point - I'm 33.

Is there any way my father can claim american citizenship therefore allowing me to claim it? Is either or both possible?

Thank you very much.

[lawanwadee]

Where were you born?

[athinabean]

Hi,
I was born in Ecuador.
Thank you for your help,
Alexandra

[MilitaryWife]

You should be an american citizen, because your father is. I believe its you have to be born in U.S. or at least 1 parent.. .

That's what I was taught in school

[lawanwadee]

Acquisition of U.S. Citizenship By a Child Born Abroad

Birth Abroad to Two U.S. Citizen Parents in Wedlock: A child born abroad to two U.S. citizen parents acquires U.S. citizenship at birth under section 301(c) of the Immigration and Nationality Act (INA). One of the parents MUST have resided in the U.S. prior to the child's birth. No specific period for such prior residence is required.

Birth Abroad to One Citizen and One Alien Parent in Wedlock: A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) INA provided the citizen parent was physically present in the U.S. for the time required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen are required for physical presence in the U.S. to transmit U.S. citizenship to the child.

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father: A child born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) INA, as made applicable by Section 309(a) INA provided:

1) a blood relationship between the applicant 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 applicant's birth;

3) the father (unless deceased) had agreed in writing to provide financial support for the person until the applicant reaches the age of 18 years, and

4) while the person is under the age of 18 years --

A) applicant is legitimated under the law of their residence or domicile,

B) father acknowledges paternity of the person in writing under oath, or

C) the paternity of the applicant is established by adjudication court.

Birth Abroad Out-of-Wedlock to a U.S. Citizen Mother: A child born abroad out-of-wedlock to a U.S. citizen mother may acquire U.S. citizenship under Section 301(g) INA, as made applicable by Section 309(c) INA if the mother was a U.S. citizen at the time of the child's birth, and if the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of one year.

[athinabean]

Hi and thank you.
I should be more specific and say that my father was born in the US, lived there for approximately 8 years but his parents did not get him US citizenship.
I suppouse the initial question is whether HE can still get his citizenship. He was born in the 40s. Once clear whether he can get citizenship still, then what would apply to his decade of brth (not specified in your answer?) in terms of his children?
Thanks.

[acrules3]

Athinabean, the Citizenship Clause in the Fourteenth Amendment to the United States Constitution states that:

"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."

Since your father was born in the US, he is a natural born citizen. All he has to do is apply for his birth certificate from the State where he was born. Vitalcheck is a good website to get this certificate:

Birth certificate - Place an order with VitalChek

Once you have established that he was a citizen, then the Section 301(g) would apply to you. The relevant birth date is YOUR birth date, not your father's: if you were born before 1986, then your father must have been in the US for ten years to transmit citizenship to you, etc.