Legal Question in Immigration Law in Florida
paternity and legitimacy for citizenship purpose
My parents married one month after my birth, my father's name is on my birth certificate and I share my father's last name. My father never filled out a claim to have me legitimized however, my parents divorced when I was 10 years old, and he states under oath in the divorce documents that I am his child issued of the marriage and that he will pay child support. Is this sufficient evidence to prove I am legitimate? I ask these questions because this will affect my claim to US citizenship (I was born in Canada). My father is a resident of Florida and those are the laws that will apply. Thank you.
2 Answers from Attorneys
Re: paternity and legitimacy for citizenship purpose
Dear Inquirer:
Legitimacy is a question of the law in the State where such "legitimation" occurred. In most states, the father's marriage to the mother subsequent to birth establishes "legitimacy." Therefore, if you are seeking derivative citizenship, we would have to look to the derivative citizenship law in effect on the date of your birth, your father and mother's US immigration status at the time and the length of their residecy in the US prior to your birth.
Please email [email protected] or visit www.hanlonlawgroup.com if you would like to schedule an appointment for a confidential consultation to discuss this matter further.
Regards,
Re: paternity and legitimacy for citizenship purpose
Dear Inquirer:
Legitimacy is a question of the law in the State where such "legitimation" occurred. In most states, the father's marriage to the mother subsequent to birth establishes "legitimacy." Therefore, if you are seeking derivative citizenship, we would have to look to the derivative citizenship law in effect on the date of your birth, your father and mother's US immigration status at the time and the length of their residecy in the US prior to your birth.
Please email [email protected] or visit www.hanlonlawgroup.com if you would like to schedule an appointment for a confidential consultation to discuss this matter further.
Regards,
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