Jump to content
kelly11anne

Crazy citizenship mix-up

 Share

14 posts in this topic

Recommended Posts

I'm hoping someone might have some advice here. My grandparents lived very close to the Canadian/US border and my grandmother (a Canadian citizen) worked in a hospital on the Canadian side. When she had my mother, she wanted to give birth in the hospital she worked in so my mother was born to a US citizen father and Canadian citizen mother in Canada although their residence was in the US. At the time (in the 50's) they were not aware of what they had to do in terms of registering her birth here in the US. So fast forward to today - my mom has always lived and worked in the US and even into the 90's crossed the US/Canada border without a passport but post 9/11 now has had trouble with 2 important things. 1. When she finally tried to get a US passport, she was told she needed to prove her US citizenship and now, retired, she has been unable to collect any social security after paying in her entire life. I'm trying to see if anyone can even point me in the right direction to help her.  

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

Would depend on what the rules were back in the early 50's, whether she could obtain US Citizenship though her father.

 

Does she have a Canadian Passport?

 

http://www.mautino.org/

 

I have seen these mentioned as the maven on Citizenship matters.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites

Her situation is not uncommon in border states. Have your mom call this number 844-880-6519 tomorrow (today is a holiday), and request a call back from the consular officer for her area.  Again, not uncommon and they will assist her/direct her to local resources.   

 

Link to comment
Share on other sites

Filed: Citizen (pnd) Country: Morocco
Timeline

my daugher in law is American born with English parents(never became USC) who returned to England when she was 12

parents have lived since then in england and now are retired

he is collecting his SS

you do not have to be USC to collect Social Security

you only need to have paid into the USA system for the amount of quarters required

 

it would be best if you can establish her USC for many other reasons but SS should not be an issue

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline
2 minutes ago, adil-rafa said:

my daugher in law is American born with English parents(never became USC) who returned to England when she was 12

parents have lived since then in england and now are retired

he is collecting his SS

you do not have to be USC to collect Social Security

you only need to have paid into the USA system for the amount of quarters required

 

it would be best if you can establish her USC for many other reasons but SS should not be an issue

I thought you had to be legal?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites

Filed: Citizen (pnd) Country: Morocco
Timeline
5 minutes ago, Boiler said:

I thought you had to be legal?

that would be saying she has no birth certificate at all/   we don't know this but she does not have to be a USC

Edited by adil-rafa
Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline
2 minutes ago, adil-rafa said:

that would be saying she has no birth certificate at all/   we don't know this but she does not have to be a USC

I assume she has a birth certificate, issue is her US Citizenship.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites

Yes, she has her birth certificate and for her entire life has been considered a US citizen (even worked for the government!) but now they are being picky with requiring even her father's birth certificate to prove her citizenship. And they are also refusing to pay social security until she proves it.

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

Presumably her Canadian Birth Certificate?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

Just wanted to be clear.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites

1 hour ago, kelly11anne said:

Yes, she has her birth certificate and for her entire life has been considered a US citizen (even worked for the government!) but now they are being picky with requiring even her father's birth certificate to prove her citizenship. And they are also refusing to pay social security until she proves it.

What did she show to prove her US citizenship or work authorization at that time? I'm assuming she has an SSN, so do you know what was shown to obtain that?

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Link to comment
Share on other sites

Thanks for the help everyone! She never had to prove anything or even get a work permit. I don't think she even has an A#. It was never an issue. She has only traveled out of the country to go to Canada and back, but that was back in the 90's and we all crossed with just birth certificates. At that time you didn't need a passport or anything. Like I said, I don't think it was ever questioned that she was a citizen until recently in the last 5 or so years when she thought about taking a trip to a different country and tried to get a passport. 

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

So she entered the US showing her Canadian Birth Certificate as a visitor?

 

You used to be able to get a SSN just by asking so that is not relevant.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...