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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105639
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I would like to know if it is remotely possible that I could

Customer Question

Hi, I would like to know if it is remotely possible that I could apply for US Citizenship. My father was born in Okanawa, Japan at the U.S. Military base. Hi father was a U.S. citizen and so he became one too. My father now lives in England and remains a U.S. citizen. We do not speak though so I cannot access his passport details etc. I was born in Liverpool in 1983 and I was not registered as being born to a U.S. citizen. I am now 32. Is this even worth investigating do you think? Is it possible for example, for me to apply for copies oh his birth certificate and prove that he is a U.S. citizen without me contacting him? Can I claim citizenship off this or do I have to prove he resided in the U.S. long enough to qualify? How could I do this without speaking to him? Any initial guidance would be appreciated. Thanks, Tony
Submitted: 10 months ago.
Category: Immigration Law
Customer: replied 10 months ago.
additionally, my mother is not a U.S. citizen. They were married when I was born.
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Did he live in the U.S. at any time before your birth? How long? Did your grandfather live in the U.S. before your birth? How long?

Customer: replied 10 months ago.
I'm not sure about the answer to both questions. If they were both dead how could I find out?
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Well, you would probably have to request IRS tax records and employment records and school records to show that they lived in the U.S. for a certain amount of time before you were born. If your father does not have enough time living in the U.S., it may be possible for you to use your grandfather's time in the U.S. If they were not born in the U.S., you can file a G-639 Freedom Of Information Act (FOIA) request and get a complete copy of their immigration file which should include the information that you seek. It is free but may take 2 to 3 months or more to process. Here is a link:

http://www.uscis.gov/g-639

As far as the other evidence of physical presence, you may have to hire a private investigator to do the legwork or you, though you probably could contact the IRS and schools that they may have attended on your own.

As far as how much time they have to have had in the U.S. before you were born, take a look at this link on the 6th page:

http://dc.fd.org/library/naturalization%20chart.pdf

Basically you have to prove your father lived in the U.S. for at least 10 years before you were born and at least 5 of those years had to have been after he turned 14. If your father did not have enough physical presence in the U.S. before you were born, you can use your grandfather's physical presence. Also, if your parents were not married at the time of your birth, you would have to show additional things. Here is a link:

https://www.uscis.gov/us-citizenship/citizenship-through-parents

If you can meet all the requirements and show proof, you should apply directly for a U.S. Passport.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Hello Tony. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!