Palatka, FL Immigration Law Firms & Lawyers

You may qualify for derivative citizenship. *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.

US immigration laws deal very harshly with drug trafficking. There is a very good chance that your friend will be deported unless he is a US citizen. I suggest that he seek the services of a good immigration lawyer. He will likely be placed on an immigration detainer hold and processed for court hearings.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

Problem with the case is as you say, the acquisition of US citizenship upon the birth of your child abroad would depend (usually) on establishing the parent's physical presence in the US for a period of time before the child's birth. And without the cooperation of the parent that can be difficult. The answer to your question is that you do not need the parent's cooperation. However, finding the documentation which would establish the physical presence can be problematic without that cooperation. I know that this answer places you between a rock and a hard place, but these cases require evidence and without the evidence to support the claim of acquisition of US citizenship, the claim will often fail. Wish I could give you a better answer. Perhaps hiring a private investigator in the US to find available records may be helpful, but this will have a cost and of course no promise that the investigative services will lead to anything. Good luck.