my daughter was born in canada in 1999. Her father is a us citizen by birth. She is now 20 can she get her American citizenship?
https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-3
If you still are or were married to her father at the time of her birth:
"A child born outside of the United States and its outlying possessions acquires citizenship at birth if at the time of birth:
- One parent is a foreign national and the other parent is a U.S. citizen; and
- The U.S. citizen parent was physically present in the United States for at least 5 years, including at least 2 years after 14 years of age."
If you were not married to her father at the time of her birth:
"The general requirements for acquisition of citizenship at birth for a child born in wedlock also apply to a child born out of wedlock outside of the United States (or one of its outlying possessions) who claims citizenship through a U.S. citizen father. Specifically, the provisions apply in cases where:
- A blood relationship between the child and the father is established by clear and convincing evidence;
- The child’s father was a U.S. citizen at the time of the child’s birth;
- The child’s father (unless deceased) has agreed in writing to provide financial support for the child until the child reaches 18 years of age; and
- One of the following criteria is met before the child reaches 18 years of age:
- The child is legitimated under the law of his or her residence or domicile;
- The father acknowledges in writing and under oath the paternity of the child; or
- The paternity of the child is established by adjudication of a competent court."
But since your daughter is 20 years old, this clause now applies to her:
"Alternatively, if the applicant is already over the age of 18, he or she may meet the requirement if one or more documents support a finding that the father accepted his legal obligation to support the child. In such cases, the evidence must have existed (and have been finalized) prior to the child’s 18th birthday and must have met any applicable foreign law or U.S. law governing the child’s or father’s residence to establish acceptance of financial responsibility.
In all cases, the applicant has the burden of proving the father has met any applicable requirements under the law to make an agreement to provide financial support. A written agreement of financial support is not required if the father died before the child’s 18th birthday."
