QUESTION

Is there any way to apply and without the father's consent that is needing for one of the requirements?

Asked on Jun 13th, 2012 on Immigration - Texas
More details to this question:
What if an American citizen mother is applying for the consular report of birth abroad and is separated (not yet legalized for annulment or divorce) to the husband. Is there any way to apply and without the father's consent that is needing for one of the requirements? Is there any way to apply without getting in touch with the child's father and without his consent as required?
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5 ANSWERS

Business Law Attorney serving Atlanta, GA at Elkhalil Law, P.C.
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If she is a U.S. citizen she can apply without the father. Is the father a U.S. citizen, where does he live?
Answered on Jun 14th, 2013 at 1:18 AM

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Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
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*Derivative Citizenship* In some cases, people are U.S. Citizens and do not know it. In this case, it is possible for us to file what is known as a Derivative Citizenship Petition. It is a petition that if approved, will give proof of U.S. Citizenship. There is a significant amount of evidence that would be required for this type of petition, but if done properly, there is a reasonable chance of success.
Answered on Jun 21st, 2012 at 8:59 PM

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Rebecca T White
You may have some options, depending upon the specifics of your situation. You don't state which country you are in, or if the pending divorce/annulment is in the US or another country.
Answered on Jun 21st, 2012 at 7:16 PM

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No, the Embassy will not do it without the consent of both parents, I'm sure. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answered on Jun 21st, 2012 at 5:35 PM

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If the father is unwilling to help with the Consular Report of Birth Abroad, the mother can always apply for a Certificate of Citizenship with USCIS, which does not require the father's help.
Answered on Jun 21st, 2012 at 4:51 PM

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