My boyfriend (23 yrs old now) was born in the phillippines. He came to the United States when he was 3 on a visa. Recently his visa expired, which means hes illegal. His father was born here in the United States, he denied my boyfriend when he was 1. His mother got a paternity test done and proved he was the father but he didnt and still wants nothing to do with him. Question is, because his father is a US Citizen does that make my boyfriend a US citizen as well and if so what do we do to make him legal on paper?
2006-12-01 08:24:09 · 16 answers · asked by mex_angel18 1 in Politics & Government ➔ Immigration
His father willing took the paternity test when my boyfriend was 1 years old and it came back 99.99999 percent that he was the father. My boyfriend still has the paternity test.
2006-12-01 08:43:45 · update #1
His father was in the military and he was stationed in the phillippines for awhile then came back to the US. Im not sure of any of the details of why he didnt bring them back or why he left.
Also his mother didnt use his fathers last name, she put her last name.
2006-12-01 08:46:58 · update #2
Well, your boyfriend and his mom should go to the court. If his father is a biological one, your boyfriend his mom could even get a monthly support from his father.
2006-12-01 08:31:00 · answer #1 · answered by Anonymous · 0⤊ 1⤋
I am not sure did his father take the test? I know if his mother was born in the USA he would be and have duel citizenship but the fact that he had a VISA tells me NO he is not a citizen. Sorry as it has expired he needs to apply to have an extension or he is an illegal citizen
2006-12-01 08:36:18 · answer #2 · answered by Nani 5 · 1⤊ 1⤋
Your boyfriend is Phillipino by US law. By US law you are a citizen of the country you were born in.
He may have a claim to US citizenship, but he will need an immigration lawyer to help him with his status.
I imagine if he has been a solid citizen, staying out of trouble he could get a green card and eventually become a citizen.
This sort of thing takes time.
Do not let him pressure you into marriage. He needs to go through this process alone to do it legally.
2006-12-01 08:28:34 · answer #3 · answered by WhatAmI? 7 · 1⤊ 0⤋
lmao are you severe? Obama exchange into born in HAWAII. Hawaii is the fiftieth state in the rustic. subsequently Obama exchange into born in the U. S., he's a organic born US citizen. and whether he hadn't been born in the U. S., he'd nonetheless be a citizen because of the fact his mom exchange into American. are you able to thrill do somewhat learn until eventually now asking questions? That'd be large.
2016-10-04 14:46:25 · answer #4 · answered by sather 4 · 0⤊ 0⤋
To my knowledge a child born to an american citizen is automatically a citizen of the USA...now if the fathers name is not on the birth certificate then that could cause a problem.
2006-12-01 08:32:05 · answer #5 · answered by ncgville 3 · 1⤊ 1⤋
yes he would be a citizen. Any child born to a US citizen will gain citizenship regardless of where he was physically given born...the question is....how do you prove and whether the father is willing to vouch for his alleged son???
Citizenship of Children
The 14th Amendment of the U.S. Constitution guarantees citizenship at birth to almost all individuals born in the United States or in U.S. jurisdictions, according to the principle of jus soli. Certain individuals born in the United States, such as children of foreign heads of state or children of foreign diplomats, do not obtain U.S. citizenship under jus soli.
Certain individuals born outside of the United States are born citizens because of their parents, according to the principle of jus sanguinis (which holds that the country of citizenship of a child is the same as that of his / her parents). The U.S. Congress is responsible for enacting laws that determine how citizenship is conveyed by a U.S. citizen parent or parents according to the principle of jus sanguinis. These laws are contained in the Immigration and Nationality Act.
In addition, Each year, many people adopt children from outside the U.S. The Child Citizenship Act of 2000 (CCA) grants those children the ability to automatically become U.S. citizens when they immigrate to the United States.
2006-12-01 08:29:00 · answer #6 · answered by nfocuz00 4 · 0⤊ 1⤋
Talk with a lawyer.
Nonetheless, He needs to prove he is a biological son of an American. If he doesn't want to have to do anything with your boyfriend. I don't think it will be easy to prove.
Also, time might matter more than we think. Maybe, legally, it is too late to claim citizenship, maybe not. Again, talk to a lawyer.
2006-12-01 08:30:41 · answer #7 · answered by rollodecriente 4 · 1⤊ 1⤋
Unless you are born on US soil you are not a citizen, he will probably have to marry a US citizen or apply for naturalization.
2006-12-01 08:27:46 · answer #8 · answered by Wyleeguy 3 · 1⤊ 0⤋
nope... when he was born he was -when he was 18 he would have had to choose between citizenship probably- unless it was one of the countries that you can have dual citizenship.. so if he is a citizen of his country and he is 23 then No - I don't think he is...he probably revoked his citizenship without even knowing it
2006-12-01 08:29:01 · answer #9 · answered by katjha2005 5 · 1⤊ 1⤋
If the answer is no, I can get a girl pregnant overseas and not worry about child support if the child was born overseas.
2006-12-01 08:31:55 · answer #10 · answered by Anonymous · 1⤊ 1⤋