People born abroad and out of wedlock before Dec. 23, 1952, can only be considered for U.S. citizenship if a blood tie to a father with U.S. citizenship is proved, according to the Immigration and Nationality Act (section 309).
-- This pertains to a case Lorelyn Penero MILLER, Petitioner, v. Madeleine K. ALBRIGHT, Secretary of State.
No. 96-1060. in which the petitioner was born out of wedlock in 1970 in the Phillipines. Her mother is a Filipino national. Her father, Charlie Miller, is an American citizen residing in Texas who served in the United States military in the Philippines at the time of petitioner's conception. He never married petitioner's mother, and there is no evidence that he was in the Philippines at the time of her birth or that he ever returned there after completing his tour of duty. In 1992, the State Department denied petitioner's application for registration as a United States citizen. After a Texas court granted Mr. Miller's petition for a paternity decree finding him to be her father, petitioner reapplied for citizenship status, which was again denied on the ground that the Texas decree did not satisfy 8 U.S.C. §1409(a)(4)'s requirement that a child born out of wedlock and outside the United States to an alien mother and an American father be legitimated before age 18 in order to acquire citizenship.
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