[Phil42]

My brother’s daughter is 19 and lives in Brazil. My brother was born in the US and is a US citizen. His daughter was born in Brazil to a Brazilian citizen, and my brother’s name is on the birth certificate. My niece is now visiting in the US (with Brazilian passport and proper visitor Visa), and wants to petition for US citizenship. They recently did a paternity/DNA test and the results are conclusive that my brother is her father. What are the next steps to petition for citizenship?

[newacct]

Was your brother married to the daughter's mother? And if so, was it before the daughter was born or after?

[Fr_Chuck]

She should already be an American Citizen because her father is American Citizen. She just needs an immigration attorney to handle this.

[newacct]

She should already be an American Citizen because her father is American Citizen.

Not necessarily. The father needs to meet residency requirements. Also, if born out of wedlock, it needs to have been legitimated before she was 18.

She just needs an immigration attorney to handle this.

It she was a U.S. citizen, she would not need any attorney. She would just go to a post office with the necessary evidence and apply for a U.S. passport.

[Phil42]

My brother was NOT married to the mother.

The mother sent paperwork (to legitimize?) to my brother prior to my niece's 18th birthday, but my brother did not sign (for all the wrong reasons, but let's leave out judgement).

They tried to go to the post office to get a passport (today), but were not allowed and were told that my niece needs to petition for citizenship (through the consulate?). My brother is full US citizen, born in the US to two married US citizens.

So, is my niece already a US citizen, by virtue of my brother (a US citizen) being her father? Or, because my brother didn't sign the "legitimizing" paperwork, does my niece need to petition the US consulate? If she needs to petition, what is involved in that?

Thank you for your help.

[newacct]

My brother was NOT married to the mother.

The mother sent paperwork (to legitimize?) to my brother prior to my niece's 18th birthday, but my brother did not sign (for all the wrong reasons, but let's leave out judgement).

They tried to go to the post office to get a passport (today), but were not allowed and were told that my niece needs to petition for citizenship (through the consulate?). My brother is full US citizen, born in the US to two married US citizens.

So, is my niece already a US citizen, by virtue of my brother (a US citizen) being her father? Or, because my brother didn't sign the "legitimizing" paperwork, does my niece need to petition the US consulate? If she needs to petition, what is involved in that?

Thank you for your help.

This web page summarizes the rules. Basically, to derive citizenship from an out-of-wedlock citizen father, the father must have been present in the U.S. for 5 years, including 2 after the age of 14, and the child must be legitimated under the law of where they resided before the child was 18. Also, the father must have agreed to support the child.

The legitimization I think is going to be the real sticking point. However, what the person at the post office said doesn't make any sense. You can establish evidence of U.S. citizenship for the first time when you apply for a passport. You don't need to have applied for anything else beforehand. Try going to another post office or a different passport acceptance place, like a county clerk, and hopefully there'll be someone who knows what they're talking about. At least if they turn her down, it should be because of the lack of evidence of legitimization, rather than needing to "petition" for anything.

The other proof of U.S. citizenship she could get is a Certificate of Citizenship, which you apply for through USCIS, and costs several hundred dollars, and takes many months. She shouldn't really need one -- she should just get a U.S. passport, which requires the same evidence, and is much faster and cheaper -- but just to let you know it exists.