Eligible for US passport/citizenship

SashMash

Hi,

I've looked on the US embassy website for the answer to this but I can't find it specific to my case. I'm 20, my father was an American citizen who died 13 years ago, before his death he had been living in Ireland for over 15 years. My birth was never registered with the US Embassy and I have never previously pursued duel-citizenship (if people can still do that, I don't know). Does anyone know if I would be eligible for dual-citizenship?

lonestargirl

Is he on your birth cert?

Chiparus

the rules should be on the website , I believe that you have to reside in the US for 10 years for your children to be eligible ( I was born in the states but my kids are not eligible)

http://www.uscis.gov/us-citizenship/citizenship-through-naturalization

Marcusm

Chiparus wrote: »

the rules should be on the website , I believe that you have to reside in the US for 10 years for your children to be eligible ( I was born in the states but my kids are not eligible)

http://www.uscis.gov/us-citizenship/citizenship-through-naturalization

I think the OP needs to look at the section dealing with acquiring citizenship through paents rather than through naturalization.

http://www.uscis.gov/us-citizenship/citizenship-through-parents

SashMash

Thanks, that website is far more helpful than the Irish US embassy one.
He's on my birth cert, my parents were married at the time of my birth and he was born in the states and lived there into his 30's. I seem to meet the necessary criteria so far but does anyone know if it matters that my birth wasn't registered and that I'm pursuing this so long after his death? Or should I be eligible regardless?

Chiparus

Marcusm wrote: »

I think the OP needs to look at the section dealing with acquiring citizenship through paents rather than through naturalization.

http://www.uscis.gov/us-citizenship/citizenship-through-parents

the link is on the original page

SashMash

Neither website say anything about eligibility when your US citizen parent has died. Requirement 8 and 9 on the Irish US embassy website leave me wondering what to do, does anyone have any idea?

8) Evidence of Parentage and/or Legitimation
Credible and substantial evidence of blood relationship between yourself and your U.S. parent(s) must be submitted with your application. If you were born out-of-wedlock, please consult the attached “Transmission Requirements for U.S. Citizenship* for the legitimation laws that may be applicable at the time of your birth.

9) Affidavit of Parentage Completed and Signed by your U.S. Citizen Parent(s)
Your U.S. citizen parent should accompany you to the Embassy to sign the affidavit under oath. If your parent is in the United States, the affidavit can be signed before a notary public. The affidavit must be accompanied by a notarized copy of your parent’s passport or driver’s license.

(I would have just posted the link but it won't allow me as I am an knew user, it's in the first time over 18 applicant section for anyone wondering)

snubbleste

I'd say the answer is No.
if you did not automatically acquire citizenship before your parent’s death, your parent’s death may affect your ability to apply for a Certificate of Citizenship unless you meet the requirements of section 322 of the Immigration Nationality Act (INA). Please note that section 322 of the INA does not provide for automatic citizenship, but it does allow for naturalization before the age of 18 and allows you to rely on your grandparent’s physical presence instead of your parent’s physical presence.

SashMash

I would say the answer is no too. I'm eager to find out for definite though, maybe I'll just go to a immigration solicitor as the various websites I have visited still haven't given me straightforward answers. Thanks all.

lonestargirl

I actually think the answer is yes. I think you've been a citizen your whole life. It falls under the second category in the table in the link provided earlier " one parent is a US citizen and birthdate after 1986". If your parents hadn't been married and you paternity not established it might have been trickier. The bit quoted two posts above seems to apply to those who didn't automatically establish citizenship at the time of birth or prior to the parent's death - which I think you did. That's only my optpinion though and consulting a lawyer might be useful.