Born in Canada to US Parent

I might have hit a snag. As I understand I am suppose to prove my mother lived in the US 10 years prior to my birth. Can someone please tell me if the following documents are going to be enough.

My mothers birth certificate issued early 1956 in Detriot Michigan
My mothers baptismal record dated April 29,1956 in Boston MA
My mothers 1969-1970 Boston Schools report card showing she is class of 1975
Church record of my mothers marriage to my father on April 6, 1974 in Canada
Divorce decree issued in Boston, MA on June 13, 1984
My mothers marriage certificate to my stepfather issued August 15, 1987 in Boston, MA
My mothers social security report showing income in 1970, no income 1971, income 1972-1973, no income 1974-1980, income 1981-1987, no income 1988, income 1989-2000, no income 2001-present
I also have my birth certificate with my parents names listed, my social security reports dating back to 1993 and an affidavit from my aunt, my mothers sister, explaining the situation.

I also have my sisters Certificate of Citizenship because she obtained it the same way I am trying.

My mother left for Canada for 6 days in 1974 to get married. She came back and left for 4 years early 1975.

I know this is alot....any help would be appreciated.

The key documents here are your mother's birth certificate (which is proof of her U.S. citizenship), your birth certificate, the record of your mother's marriage to your father and their divorce decree. These documents do prove that you were born in wedlock to a U.S. citizen.

Now, about the proof that your mother satisfies the 10 year residency requirement prior to your birth, with at least 5 of those years after her 14th birthday. Based on the timeline you provided, it is clear that these conditions are indeed satisfied which does make you a U.S. citizen by birth. The challenge is to collect enough documents to convince the State Department or USCIS that this is indeed the case.

The fact that your sister's N-600 was approved is actually good news. I assume that she did not provide more documentation than what you listed above, and that was sufficient for USCIS in your sister's case.

A few suggestions regarding trying to collect extra supporting documentation:

1) Get your mother sign a notarized affidavit listing the dates of her residence in the U.S.

2) Try to get a few other people, such as other relatives and maybe family friends who knew your mother at that time to sign similar notarized affidavits confirming that they knew your mother during that period (prior to 1975) and that she was indeed living in the U.S. all that time.

3) Do try to get your mother's high school records. Even if the high school she went to no longer exists, the local state education authorities (such as city or county superintendant of education or some such official) should still have some kind of records confirming that your mother was a student there.
If your mother still has her high school diploma, that would help too.

4) Check for earlier records, from elementary school and maybe even pre-school for your mother. You may be able to recover some of them.

5) Try to get copies of your mother's medical records from the time she was a kid. She certainly had a pediatrician and then a family doctor and most likely would have been a regular patient at some clinic. If you find out what those were, your mother may request copies of her medical records from that time.

6) Check if there are still some bank records available from that period. Your mother probably had a bank account then and if that bank still exists, they may be able to provide her some records to that effect.

7) Your mother can try requesting photocopies of her federal income tax returns from IRS for period prior to 1975 (although I am not sure how far back IRS keeps such records). There is a special IRS form for requesting such copies:
http://www.irs.gov/pub/irs-pdf/f4506.pdf

Once you do have enough supporting documents, I do think that scheduling an appointment at a passport agency to try to apply for a passport is a good idea. This way you will get a decision very quickly, within a couple of days, and you would get to talk to someone face to face there. In order to do this you'll need to show them a plane ticket for a foreign trip within 14 days from the date of appointment: passport agencies only handle passport applications for people who are planning to travel abroad in less than 14 days. (Other applicants have to apply at a post office and it takes a few weeks to get a decision.) Even if you have to spend some $400 on a nonrefundable plane ticket, that would be small price to pay for straightening your citizenship dcumentation problem.
 
The key documents here are your mother's birth certificate (which is proof of her U.S. citizenship), your birth certificate, the record of your mother's marriage to your father and their divorce decree. These documents do prove that you were born in wedlock to a U.S. citizen.

Now, about the proof that your mother satisfies the 10 year residency requirement prior to your birth, with at least 5 of those years after her 14th birthday. Based on the timeline you provided, it is clear that these conditions are indeed satisfied which does make you a U.S. citizen by birth. The challenge is to collect enough documents to convince the State Department or USCIS that this is indeed the case.

The fact that your sister's N-600 was approved is actually good news. I assume that she did not provide more documentation than what you listed above, and that was sufficient for USCIS in your sister's case.

A few suggestions regarding trying to collect extra supporting documentation:

1) Get your mother sign a notarized affidavit listing the dates of her residence in the U.S.

2) Try to get a few other people, such as other relatives and maybe family friends who knew your mother at that time to sign similar notarized affidavits confirming that they knew your mother during that period (prior to 1975) and that she was indeed living in the U.S. all that time.

3) Do try to get your mother's high school records. Even if the high school she went to no longer exists, the local state education authorities (such as city or county superintendant of education or some such official) should still have some kind of records confirming that your mother was a student there.
If your mother still has her high school diploma, that would help too.

4) Check for earlier records, from elementary school and maybe even pre-school for your mother. You may be able to recover some of them.

5) Try to get copies of your mother's medical records from the time she was a kid. She certainly had a pediatrician and then a family doctor and most likely would have been a regular patient at some clinic. If you find out what those were, your mother may request copies of her medical records from that time.

6) Check if there are still some bank records available from that period. Your mother probably had a bank account then and if that bank still exists, they may be able to provide her some records to that effect.

7) Your mother can try requesting photocopies of her federal income tax returns from IRS for period prior to 1975 (although I am not sure how far back IRS keeps such records). There is a special IRS form for requesting such copies:
http://www.irs.gov/pub/irs-pdf/f4506.pdf

Once you do have enough supporting documents, I do think that scheduling an appointment at a passport agency to try to apply for a passport is a good idea. This way you will get a decision very quickly, within a couple of days, and you would get to talk to someone face to face there. In order to do this you'll need to show them a plane ticket for a foreign trip within 14 days from the date of appointment: passport agencies only handle passport applications for people who are planning to travel abroad in less than 14 days. (Other applicants have to apply at a post office and it takes a few weeks to get a decision.) Even if you have to spend some $400 on a nonrefundable plane ticket, that would be small price to pay for straightening your citizenship dcumentation problem.

This sounds sensible, although she may not need all of these documents. However, she could get a fully refundable ticket, which is more expensive upfront but she will get all her money back at the end.
 
Thanks, that was the idea. I didn't want to suggest canceling the ticket.

I was not suggesting that the OP scam the system, I was just explaining to Bob what I thought you had in mind when you made the suggestion. He had asked "why buy the ticket to Canada."

Personally I would follow what USCIS is asking and first establish the Citizenship thing. If the OP sneaked through under the radar with the passport thing you suggested, it could easily be canceled on her return and she would be stuck in limbo at the airport.

I think the smart thing for the OP is to do what Immigration wants in order to establish her Citizenship and then let things follow from that. Having a passport in her hot little hand does not guarantee re-entry if in the interim USCIS has found she went around the system It would probably do more harm than good.

However the passport should give her the access to the new job, but maybe USICS will learn of the fudged approach and track it down and cancel the passport. That would not be a good thing either as it would almost certainly prevent Naturalization if that is what she has to do.

Hopefully providing the information to satisfy USCIS that her Mother was a Citizen for the prescribed period will solve it all and allow her to get a SS card which was the thrust of the original question.

Getting that job is secondary to establishing her right to work and live here. I know she needs it for support, but she would be in a MUCH worse situation if deported for fudging the system just to get that job.
 
I wrote to Obama and tomorrow I am going to fax a release to Congressman Stephen Lynch allowing him to discuss my case with immigration. Hopefully this will speed up the process.

Good. As for now the most important is to work and put food on the table for your children. Do you know your social security number? If so tell your employer you misplaced the card and show him documents like tax return with your number on it. I am sure that will be acceptable until you sort things out. You are citizen and therefore have the right to work and vote.

Good Luck.
 
I went to immigration today and it looks like they are going to try to expidite things for me. The woman I spoke to was very sympathetic to my situation. She said normal processing times for the N-600 right now are about a month. But she said she will put a rush on it. I also spoke to my congressman's office and they said they will call Wed. to give it an extra push. The woman went through all of my documents and said that it looks like a clear cut case.

I do have social security form 2458 with my ss# on it. Most places are using e-verify now and apparently there is note that there is some issue with my status here. I think it is crazy that all of these agencies are telling me that I am a US citizen but I just need a document to prove it. We are in the computer age, there should be some other control than a piece of paper. But whatever. I am sure that this will be resolved shortly. Thanks again for all of your help.
 
Looks like things are moving in the right direction. Hope you will be past this in a couple of weeks. Best of luck.
 
Please update us when you get your certificate. I'm curious about how long it will take if it is expedited.
 
I might have hit a snag. As I understand I am suppose to prove my mother lived in the US 10 years prior to my birth. Can someone please tell me if the following documents are going to be enough.

My mothers birth certificate issued early 1956 in Detriot Michigan
My mothers baptismal record dated April 29,1956 in Boston MA
My mothers 1969-1970 Boston Schools report card showing she is class of 1975
Church record of my mothers marriage to my father on April 6, 1974 in Canada
Divorce decree issued in Boston, MA on June 13, 1984
My mothers marriage certificate to my stepfather issued August 15, 1987 in Boston, MA
My mothers social security report showing income in 1970, no income 1971, income 1972-1973, no income 1974-1980, income 1981-1987, no income 1988, income 1989-2000, no income 2001-present
I also have my birth certificate with my parents names listed, my social security reports dating back to 1993 and an affidavit from my aunt, my mothers sister, explaining the situation.

I also have my sisters Certificate of Citizenship because she obtained it the same way I am trying.

My mother left for Canada for 6 days in 1974 to get married. She came back and left for 4 years early 1975.

I know this is alot....any help would be appreciated.

Looking at your dates, I think it's cutting too close. Your mother needs to have spent a total of 10 years in the US, five of which must be AFTER turning 14. Now you mentioned your mother was born in early 1956 (you didn't mention the date), and she left US for Canada in early 1975. Her 5 years after age 14 also end in early 1975. Therefore, if your mother left the US after her birthday (19th) in early 1975, then you are a citizen. If however, she left before her birthday, then she didn't complete the mandatory 5 years after age 14 to transfer citizenship to you. You might want to check with your mother the exact date she left USA for Canada in 1975.

Also, on a side note, the law seems grossly unfair for people born abroad between Dec 24, 1952 and Nov 13 1986 to one USA parent in Wedlock. The 5 years after age 14 means that the parent can't be younger than 19 to transfer citizenship to the child. For people born under similar circumstances after Nov 13 1986, the residency requirement after 14 for the parent is only 2 years!!!

Also, if you had been born out of wedlock, then the mother need only have spent 1 year total in the USA to transfer citizenship to you (no age 14 requirement)

You have enough evidence to prove your mother lived in the USA for a total of 10 years. To prove that she resided 5 years after 14 will depend on the exact day she left for Canada in 1975.

Good luck with your quest, and I hope it works out for you.
 
How did you lose your Social Security card? You carried it around in your wallet? The Social Security office advises people to lock it up in a safe place and NOT carry it around. Of course, it's too late for you, but other people reading this may learn from your mistake. And your mother's mistake of failing to organize your citizenship papers.

Let's not blame the mother here too much. Not many people native born citizens have any reason to know much about immigration. After all, how many of us know the citizenship rules of the countries of our birth? The only reason we know the US immigration/citizenship laws because we have gone through this long, arduous process. Native born citizens, such as the OP's mother, would be wholly unaware of the complexities of the citizenship law.
 
I think the fundamental failure here is not of not knowing the law, but of not getting in touch with the US consulate to register the birth. Anyway, it also took me almost a couple of years to start registering my own child, so I am not the right person to cast judgment.
 
I went to immigration today and it looks like they are going to try to expidite things for me.

Congratulations and good luck. I am glad you chose that way to proceed. While the passport approach may have been a quick solution the way you are now doing it is going to be a permanent solution.

Please do report back we are all wishing this works out well for you.
 
I went to immigration today and it looks like they are going to try to expidite things for me. The woman I spoke to was very sympathetic to my situation. She said normal processing times for the N-600 right now are about a month. But she said she will put a rush on it. I also spoke to my congressman's office and they said they will call Wed. to give it an extra push. The woman went through all of my documents and said that it looks like a clear cut case.

I do have social security form 2458 with my ss# on it. Most places are using e-verify now and apparently there is note that there is some issue with my status here. I think it is crazy that all of these agencies are telling me that I am a US citizen but I just need a document to prove it. We are in the computer age, there should be some other control than a piece of paper. But whatever. I am sure that this will be resolved shortly. Thanks again for all of your help.

Sounds good! Please keep us posted here on the progress of your N-600 application and when you do get it approved.
 
Let's not blame the mother here too much. Not many people native born citizens have any reason to know much about immigration. After all, how many of us know the citizenship rules of the countries of our birth?
Not really placing blame here. I used the word "mistake", not evil or incompetent. And it was a mistake.

However, while it is true that most born Americans don't know and don't have a good reason to know much about immigration, I would expect some more awareness in an individual who moved to another country (and thus had to go through some sort of immigration process, however simple it was at the time) and gave birth in that country and brought the child back. It should cross their mind that there might be some US immigration formalities to take care of, given that the baby was born outside America.
 
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Looking at your dates, I think it's cutting too close. Your mother needs to have spent a total of 10 years in the US, five of which must be AFTER turning 14. Now you mentioned your mother was born in early 1956 (you didn't mention the date), and she left US for Canada in early 1975. Her 5 years after age 14 also end in early 1975. Therefore, if your mother left the US after her birthday (19th) in early 1975, then you are a citizen. If however, she left before her birthday, then she didn't complete the mandatory 5 years after age 14 to transfer citizenship to you. You might want to check with your mother the exact date she left USA for Canada in 1975.
If she took some trips back to the US between 1975 and the OP's birth, those days can be added to the total to make up the 5 years beyond age 14. Of course, finding out those days and proving them may be another difficulty.
 
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Not really placing blame here. I used the word "mistake", not evil or incompetent. And it was a mistake.

However, while it is true that most born Americans don't know and don't have a good reason to know much about immigration, I would expect some more awareness in an individual who moved to another country (and thus had to go through some sort of immigration process, however simple it was at the time) and gave birth in that country and brought the child back. It should cross their mind that there might be some US immigration formalities to take care of, given that the baby was born outside America.

Not disagreeing with you, but the world is very different now. In 1979 - how will you get such information - no internet, no email, no forums. If you needed help, you probably went to INS, a library or a lawyer. However, once the social security office issued your baby a card (without restrictions), you probably thought everything was done.
 
So, in 1970's there was no immigration control at the POE for children born in Canada to American mothers? What documents did her mother use to bring her to the USA?
 
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