Immigration Questions?
 
Home
Consulate Questions
Immigration Questions
Passport Questions
Citizenship Questions
Immigration Lawyers
Immigration Laws
Site map
 
 
 
   
Question regarding US citizenship

Question:
My situation has my own head spinning, so I don't know what any of you will think of it. First, I was born in Vancouver, B.C., Canada, in 1972. My parents, however, were both US citizens. They immigrated to Canada for a variety of reasons, I think, including having relatives there, my father having a job offer at a newspaper there, and I also believe because of the Vietnam War situation at the time.

My parents were definitely not there in a diplomatic capacity and did not work for a foreign agency. They moved to Canada either in 1971, or in early 1972. I was born in July of 1972. They stayed in Canada until the beginning of 1977, by which time my mother missed her relatives back in the US, and my father had received a better job offer in the US that would facilitate him going back to college for his master's and subsequently his doctorate. I was not quite 5, and hadn't started school yet (which I did in the latter half of 1977 in the US). When they moved to Canada, they applied for and received legal resident status. What they did not do, however, was finish this process and become Canadian citizens.

They also never registered my birth with a US embassy/consulate. Somehow, I was able to start kindergarten in the US. I don't know what documents were required at the time. I continued through school and didn't have a problem with this, except shortly before my first visit to the UK, in 1987 to see an uncle married. At this time (at 14), I had to go through the process of receiving a US social security number in order to then apply for a US passport, as I could no longer travel on a parent's passport. I was required to take a US oath to receive the passport, and of course my Canadian birth certificate had been sent in, and I'm sure my parents' US birth certificates, as well. I didn't think much of this for many years afterward. I had/have a US passport, and was able to travel. I also had/have a social security number, and am able to work. But when it came time to renew my passport to travel to China, I came up against problems.

The US passport issuing agency questioned my citizenship. I sent in a letter, stating how long I had been in the US, that I had a social security number, and pay US taxes, and as I recall I sent my parents' birth certificates in as well. After this, I was re-issued another US passport, and thought that this meant I was officially recognized as a US citizen. Now to 'switch gears'. I've always assumed I was a Canadian citizen (and of course a citizen of the Commonwealth) as well, and have taken pride in it. But I ran across info regarding the "Lost Canadians" on the internet, and began to look into it more. I realized that I was probably indeed officially a Canadian citizen (particularly because of changes in Canadian law regarding the "Lost Canadians" in May of this year), and decided to 'formalize' this, so to speak, by sending off for my Canadian citizenship card. Well, after emailing the Canadian consulate in Los Angeles about my particular situation, I received a brief reply that I was likely a Canadian citizen and that I should apply for a Canadian citizenship card. So, they emailed me an application package. But here's where I'm starting to get concerned about WHAT country(ies) of which I'm actually considered a citizen. One thing listed on a loose sheet insert regarding documents to send in, included in the package the Canadian consulate sent me, notes 'proof of status in the US'.

As acceptable proof, the following are listed: Alien Registration Card, US Naturalization Certificate, or US report of birth abroad. Well, my parents never reported my birth to a US embassy/consulate anywhere, either in Vancouver or elsewhere. And I don't have an Alien Registration Card as both of my parents were born in the US. I also do not believe I have a US Naturalization Certificate as both of my parents were born in the US. But of course my birth certificate is Canadian. Also, this particular list clearly notes that a US passport is -not- considered proof of status, as it is only a travel document. Now, there is another list of needed documents, that was stapled with the 'application for a Canadian citizenship certificate' package, entitled, "Documents You Must Send With Your Application." According to the category I fall under, "If you have never had a citizenship certificate, and you were born in Canada," there is no requirement for 'proof of status in the US'. In fact, no category one might fall under lists this requirement.

So I'm not sure what's going on here. I've emailed the Canadian consulate in LA and am awaiting response. I guess what I'm wondering here, though, is how do I prove my 'status in the US'? The list on the loose sheet insert does not include 'social security card' as acceptable for 'proof of status in the US'. Can my birth abroad still be registered with a US embassy, 33 years after the fact? Should I? It's possible I may receive a response to ignore the 'proof of status in the US' part on the list of documents to include, but then they may say it's required. I have no idea. I thought my citizenship in the US was automatic since both of my parents were born in the US. I've read elsewhere on these forums about a certain amount of time having lived in the US being required for parents, and although they spent those years in Canada, and spent some time elsewhere abroad before my birth, they would still meet that requirement.

I'm not sure how I would go about proving it, though, as my mother is now deceased, and I have little communication with my father. In fact, my mother fell seriously ill upon returning to the US, and my father's goals were post-graduate oriented, so after coming to the US, I was actually raised by my grandmother and great-aunt. So I'm not sure what it would take to prove they spent the required amount of time in the US for me to be considered a US citizen (school/university records?). And since the US does not issue certificates of citizenship like Canada does, I'm not sure what document would be acceptable to send to the Canadian consulate regarding that 'proof of status in the US' thing.

Answer:
Isnt a copy of your US passport proof of US citizenship?? When boiled down to everything, your question is a short one of Canadian law and procedures. As far as the United States is concerned, the passport IS bona fide evidence of US citizenship. Until about 25 years ago, the passport was NOT definitive evidence of citizenship, but was just a travel document. However, under UNITED STATES law, it is such evidence. However, if the Canadian government won't accept the US passport, then you CAN file an "N-600" with US Citizenship & Immigraton Services for issuance of a Certificate of Citizenship. This is issued to US citizens who did not naturalize in their own right -- my mother was issued one because she had "derivative naturalization" and you can get one as having "derivative citizenship."






 
 
Privacy Policy