My friend was born in Mexico and has lived in the US with his mother and biological father(who is a US citizen by birth)since he was 2. His biological father is not named on his birth certificate, but is married to his mother and was the man who raised him. His mother and brothers and sister are all naturalized citizens.

My friend is now in prison and will be deported if he does not prove his citizenship.

How do you prove to the INS that he has derived citizenship from his biological father? And would they need to file a N-400 form for a certificate of citizenship?

Thank you very much.

If your boyfriend thinks he is a US citizen, you should speak to an immigration attorney right away to review his case as the law for transmission of US citizenship has changed repeatedly over the years and is complicated. Additionally, the fact that your boyfriend’s father’s name does not appear on his birth certificate will complicate matters further, so it’s advisable to have an attorney assist with the case.

If your boyfriend cannot afford an attorney, the Immigration Court should be able to provide you with a list of non-profit legal service providers in the area.

Edward Weiner
Attorney at Law

E-mail: E.Weiner@immigration-aux-usa.com
Internet Site: http://www.immigration-aux-usa.com/