Is there any US citizenship law that states something close to the following:?
Question by ersop: Is there any US citizenship law that states something close to the following:?
“If you have a relative (your dad or grandfather) who was a US citizen and/or served under the US military especially during major conflicts (WW1, WW2, etc.), then you as the next of kin have the right to apply for US citizenship.”
I am a Filipino but my last name is American. My grandfather is American, served in the US Military (don’t know yet if it’s army, navy, or air force) but deceased. My father (biological son of my grandfather) is a Filipino by birth and by citizenship since he was born in the Philippines.
Now my questions:
1) Does my father have the right to apply for US citizenship if such law exists?
2) Do I (being the grandson) have the right to apply for US citizenship if such law exists?
Please provide as much detail as possible for your answer. The article and section if it’s in the US constitution or some other law book would also help.
Thanks a lot.
Best answer:
Answer by George L
he might,but you don’t. in order for your father to transmit citizenship to you he would have to have resided in the US for a number of years before you were born, how many depends on when he was born, but at the moment it would be 5 years including 2 after the age of 14. on the other hand if your father were recognized as an American citizen, he would be able to file a petition for you to allow you to emigrate and get a green card.
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I do not understand what you mean by the sentence:
“I am a Filipino but my last name is American.” We have millions of Americans with (typical) Filipino names. What your last name “looks like” is not an issue as far as citizenship.
What do you even mean by an “American last name?
Are Garcia, Hernandez, O’Brien, Moskowitz and Blackfoot “American names?”
I thing you should LEARN a little bit about the USA before trying to approach any officials you expect to take you seriously.
Consider this that the U.N. Charter of Human Rights in a world constitution should grant people automatic rights to citizenship or an international right to vote.
Even if not an official constitution The U.N. Charter should grant people rights that no difference in treatment be made.
There are Filipinos who are clearly sired by foreigners (Amerasians) but are back in the Philippines in spite of their mother swearing that their father was a GI based in Clark or Subic. Their birth certificate may even have the name of the alleged father BUT unless the US citizen father acknowledges the child by registering the birth at the US Embassy in Manila, the child can never be a US citizen by jus sanguinis. The father has to show proof as well to the US Embassy – his birth certificate, passport, naturalization certificate, aside from residency in the US. DNA test (paternal test) may also be required.
If in the remote possibility that your father will be eligible for US citizenship, that can’t be applied to you as he was NOT a US citizen at the time of your birth. At the most, he can only petition you from the US. That will take forever depending also on your age & civil status at the time of petition.
Here is the link you need to read. http://manila.usembassy.gov/wwwha003.html