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Legitimation Requirements

Persons born out of wedlock to U.S. citizen father and not legitimated by the natural parents' subsequent marriage can be legitimated under the Immigration and Nationality Act by one of the two methods indicated below, provided: (1) a blood relationship between the person and the father is established by clear and convincing evidence, (2) the father was a United States citizen at the time of the person's birth.

Legitimation Method 1 - the U.S. citizen father must submit evidence showing that he had legal residence or domicile in any of the U.S. states (after his child's birth and before his child's 15th or 21st birthday - see table below) in order to use the laws of the state to legitimate the applicant. This evidence may include driver's license, voter registration card, rental/mortgage/bank receipts, military records, old letters (with U.S. return address), etc. Legitimation requirements vary depending on the State legitimation law,

OR

Legitimation Method 2 - The person can be legitimated if:

  1. the father (unless deceased) has agreed in writing (under oath) to provide financial support
    for the person until the person reaches the age of 18 years and,
  2. while the person is under the age of 18 years -
    1. the person is legitimated under the law of the person's residence or domicile,
    2. the father acknowledges paternity of the person in writing under oath, or
    3. the paternity of the person is established by adjudication of a competent court.

See table to determine which Legitimation Method applies to your case:

Date of Birth of the Person Applying for U.S. citizenship Applicable Legitimation Method Age by Which Legitimation
Must Occur
On or before 11/14/68 (1) .................................. 21

Between 11/15/68 and 11/13/86

(1).....................................

OR

(2).....................................

21



18
On or after 11/14/86 (2)..................................... 18
If applicant was at least 15 but under 18 on 11/14/86 Can choos either legitimation method 1 or 2  

There is no legitimation requirement for persons born out of wedlock to U.S. citizen mother.

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Last Update :: 01/21/2009
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