Child of American question

[Jozin 2]

Hey, I am new to the boards and I feel I have a very specific case and it is making it difficult to choose which route to become a LPR/Citizen.

My mother is an American Citizen, she was born in the states and lived there until she was 16, she moved to Canada with her family and has lived here since.

I was born in Canada, and have resided here all my life. I am 28 years old. My mom never claimed me as an American born abroad so I have just Canadian citizenship

I met a guy in the states and would like to make something permanent with him, he was born in the states and has resided there all his life. We figured it would be best for me to go there as he has work and housing ties, whereas I don't have housing ties here, and work isn't as established.

We spoke with a lawyer and he was foggy about the situation, with the whole American mother, but left at a young age and never returned. He said an option would be to marry while I was visiting him in the states and then file the paperwork... though I don't think I would be able to stay for the duration of the wait period.

This covers two separate topics, but I was mostly wondering about my options through my mother, I generally know my options through marriage/fiancee.

Thanks.

[hikergirl 277]

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD&vgnextchannel=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD

The parents are married at the time of birth and the U.S. citizen parent was physically present in the U.S. or its territories for a period of at least ten years at some time in his or her life prior to the birth, at least five of which were after his or her 14^th birthday.

Doing the math, you were born in 1985 and therefore the above applied. Your mother would have had to live in the US until she was 19 in order to pass on citizenship to you.

That’s assuming your parents were married when you were born. Was your mum married or single?

Edited June 10, 2013 by hikergirl

[Jozin 2]

Single, no clue about my father.

Lawyer said that after a filing was made for spousal, it may be possible to become a citizen through my mother.

Edited June 10, 2013 by Jozin

[aaron2020 11,651]

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD&vgnextchannel=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD

Doing the math, you were born in 1985 and therefore the above applied. Your mother would have had to live in the US until she was 19 in order to pass on citizenship to you.

Thats assuming your parents were married when you were born. Was your mum married or single?

Wrong. Where are you getting that mom has to live in the US until age 19?

[aaron2020 11,651]

Single, no clue about my father.

Lawyer said that after a filing was made for spousal, it may be possible to become a citizen through my mother.

Do not hire this idiot lawyer.

You are a US citizen.

Google "us citizenship mother out of wedlock" and you'll find info on INA section 309(g).

Your US citizen mother lived in the US at least one year at any time prior to your birth. She met the requirement to pass US citizenship to you automatically at birth.

Get a copy of your mother's US passport and US school records showing she lived in the US for at least one year prior to your birth. Use these info and your birth certificate to apply for a US passport at the US Consulate.

Edited June 11, 2013 by aaron2020

[hikergirl 277]

The link says that she must have lived in the US for 5 years after the age of fourteen. If her parents were married.

I have been blasted on the boards before for saying this however my best friend whose mother is American born and raised left for Canada the day after her 18th birthday to get married and none of her children are able to claim citizenship through her because they were born before the current law changed in November of 1986.

However, being that OP’s parents weren’t married, she can apply for a passport as proof of citizenship.

Edited June 11, 2013 by hikergirl

[aaron2020 11,651]

http://montreal.usconsulate.gov/service/qualifying-for-u.s.-citizenship

Read the part about a US citizen out-of-wedlock mother.

Fathers have to meet the 5 years residency rules. Mothers only need 1 year.

Yes, the law allows for discrimination based in the parent's sex.

[hikergirl 277]

That is why I asked the OP if her parents were married and I was in the process of typing the response that they could just apply for the passport when you stepped in.

I realize that the law also discriminates against US female citizens if they were married to an alien when the child is born.

This is one case where it’s a win for the OP to have an unwed mother.

[Jozin 2]

Just found out that it was age 14 when my mom left the states, and not 16 as I previously thought. Does the US Passport route still apply?

[aaron2020 11,651]

Just found out that it was age 14 when my mom left the states, and not 16 as I previously thought. Does the US Passport route still apply?

Yes, as a US citizen - you can apply for one using your mother's records and your birth certificate.

When she left does not matter as long as she lived in the US for at least one year before your birth.

Edited June 11, 2013 by aaron2020

[Jozin 2]

Thanks for your help guys, saved me a lot of time and stress trying to figure this all out.

[Jozin 2]

One more question, this statement is very confusing. For me to apply for a US Passport, this is what they require:

1) If you claim citizenship through naturalization of parent(s): Submit the Certificate(s) of Naturalization of your parent(s), your foreign birth certificate, and proof of your admission to the United States for permanent residence.

Im just confused what the last part means "and proof of your admission to the United States for permanent residence" I have to have admission (visa or something) to get a passport?

[hikergirl 277]

Your mum wasn’t a naturalized citizen. That means not being a citizen by birth and then applying for it.

Edited June 11, 2013 by hikergirl

[hikergirl 277]

I found this: http://travel.state.gov/passport/get/secondary_evidence/secondary_evidence_4315.html

Foreign Birth Documents + Parent(s) Citizenship Evidence

If you claim citizenship through birth abroad to U.S. citizen parent(s), but cannot submit a Consular Report of Birth Abroad or Certification of Birth, you must submit all of the following:

Your foreign birth certificate (translated to English)

Evidence of citizenship of your U.S. citizen parent
Your parents' marriage certificate
An statement of your U.S. citizen parent detailing all periods and places of residence or physical presence in the United States and abroad before your birth

Edited June 11, 2013 by hikergirl

[Jozin 2]

Yea, there is a lot of documentation, but I didn't think the final was a requirement, simply some documentation from her schooling in the US.

This is a good outline of what is needed. http://toronto.usconsulate.gov/service/consular-report-of-birth-abroad.html

I will be going down to the Consolate with my mother to get the Report of Birth and apply for my US Passport at the same time.

Edited June 11, 2013 by Jozin