I have a daughter with an American musician. We broke up and now he wants to take her to meet his family in the US. He is a musician who travels a lot. I have a visitor’s visa. The interview date for my daughter’s visitor’s visa is next month but my boss thinks that she can get a citizenship instead. Is this true?
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Your boss is correct. By law, your daughter is eligible for citizenship as a child born out of wedlock outside of the United States to one citizen parent and one non US citizen parent. However it is not automatic. The child must meet additional conditions to get US citizenship when it is the father who is the US citizen.
The US requires clear and convincing evidence of a blood relationship between your daughter and her father. You did not state your daughter’s age, but before she reaches age 18, one of the following must happen:
- She must be deemed legitimate under Jamaican law.
- Her father must acknowledge paternity of the child in writing or under oath OR
- Paternity must be formally established
Rather than apply for a visitor’s visa, you need to report the birth as soon as possible to the US Embassy. The process is called Consular Registration of Birth Abroad, (CRBA). They are likely to require a blood test.
In addition to providing her birth certificate and her father’s proof of citizenship, you need to show evidence of his physical presence in the US before the child’s birth. Documentation of his departures and entries into the US is also required.
A Certificate of Citizenship is issued and then her US passport.
The applicable fees need to be paid. Whenever possible, both parents should attend the interview but there are provisions under certain conditions where one parent may appear with the child for the interview.
I wish you and your daughter all the best.
Charmaine Smith Bonia is a lawyer and member of the Florida and Jamaican bars and the American Immigration Lawyers Association. She practices real estate, probate, family and civil law in Jamaica. Her offices are located at Point Plaza in Ocho Rios, St. Ann and 1 Cecelio Avenue, Kingston 10. Email [email protected].
