Is the child a US citizen because it is mine even though not born in the US? 8 Answers as of February 21, 2011

I have a child with a woman from the Philippines. We were not married when he was born in the Philippines. I need to know if my child is automatically a US citizen because we had DNA tests done proving he is my child even though he was born in the Philippines.

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Assuming you are a U.S. citizen by birth there is a good chance your child may be a U.S. citizen. There are other requirements as well depending on your date of birth and child's date of birth. The procedure to recognize this will vary depending on whether the child is in or out of the U.S., whose custody the child is in, your time in the U.S. etc.

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Answer Applies to: California
Replied: 2/21/2011
Theresa E. Tilton, Attorney at Law
Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
Your child is not automatically a US citizen, but the process is straightforward. You register his birth at the US Embassy in the Philippines, then apply for a certificate of citizenship with the N-600.
Answer Applies to: Washington
Replied: 2/3/2011
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
No this child is not a us citizen.
Answer Applies to: Tennessee
Replied: 2/1/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Yes.
Answer Applies to: Florida
Replied: 1/31/2011
Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
Depends. If the child was born recently (Well actually anytime after 11/14/1986), he is an American citizen provided you can prove you were physically present in the US5 years BEFORE the birth of the child, at least 2 of which after the age of 14. (Use school records, or work records or any other evidence to show presence in the US during the required years). Also need to prove DNA (Done-Good job!) and you acknowledge paternity or a court establish paternity. I am not sure how the law of the Philippines works and the process to officially acknowledge the child. However, if you married the mother sometimes before the child turns 18, he is acknowledged. Once the child id officially acknowledged, file a US passport on his behalf.
Answer Applies to: California
Replied: 1/31/2011
    Law Office of Christine Troy
    Law Office of Christine Troy | Christine Troy
    That is a very good question and I would need to know more about his DOB, and the circumstances of your relationship to the mother and child in terms of support and contact. The law is often different for mothers vs fathers. Please take the time for an initial consult with a competent immigration attorney- an hour of your time will determine the answer for you! I am happy to consult with you but otherwise, go see someone!
    Answer Applies to: California
    Replied: 1/31/2011
    Nicastro Piscopo, APLC
    Nicastro Piscopo, APLC | Louis M. Piscopo
    A child born out of wedlock to a U.S. Citizen father may be a U.S. citizen at birth if all of the requirements are met. The exact requirements depend on when the child was born since they changed after 11/14/1986. The most recent are: 1a. Father was physically in U.S. for 10 (if child born between 11/11/71 and 11/13/86) 5 (if born 11/14/86 or after) years prior to child's birth and; 1b. 5 years (if child born between 11/11/71 and 11/13/86) or 2 years (if born 11/14/86 or after) of which were after the father was 14 years old; 2. Blood relationship proven. 3. Father agreed in writing, prior to the child turning 18, to support the child 4. Before the child turned 18 the child was legitimated, or the father acknowledged paternity or paternity established by a court.
    Answer Applies to: California
    Replied: 1/31/2011
    Fletcher, Tilton & Whipple, PC
    Fletcher, Tilton & Whipple, PC | Kirk A. Carter
    While you do not state what your nationality or citizenship is, I am assuming that you are a US Citizen. While your child was born out of wedlock, if you acknowledge paternity and legitimate the child either here in the US or in accordance with the law of the Philippines then the child will derive US citizenship through you and be entitled to obtain a US passport. One of the ways that you can legitimate the child is by acknowledging paternity and registering the child's birth with the US Consulate in Manila.
    Answer Applies to: Massachusetts
    Replied: 1/31/2011
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