International Issue US passport with US born Canada living mother

[Kathryn]

I am Canadian but I live in the US on a L1-B Visa. My mother was born American and lived in Michigan until she was 20 years old. She then married my Dad and moved to Canada where she has lived ever since and obtained Canadian citizenship. Recently, when coming to visit me, she was stopped at the border and they asked her her citizenship. She said Canadian. They then asked her where she was born and she replied Michigan. The border guard informed my mother that she was still American if she didn't renounce citizenship to the US (which she didn't). I am now pursuing US citizenship and am also trying to get my mother's papers sorted out.
Would I succeed in getting US citizenship by just going to the US passport office with my mother and her documents or do I need to get an immigration lawyer to help us? What should be my next steps to getting US citizenship?
Please help. Thanks.

 

[NYClex]

It depends on a few things:

In most cases, you are a U.S. citizen if ALL of the following are true:

One of your parents was a U.S. citizen when you were born;

Your citizen parent lived at least 5 years in the United States before
you were born; and
At least 2 of these 5 years in the United States were after your
citizen parent's 14th birthday*.

Your record of birth abroad, if registered with a U.S. consulate or embassy, is proof of your citizenship. You may also apply for a passport to have your citizenship recognized. If you need additional proof of your citizenship, you may file an "Application for Certificate of Citizenship" (Form N-600) with USCIS to get a Certificate of Citizenship.

*If you were born before November 14, 1986, you are a citizen if your U.S. citizen parent lived in the United States for at least 10 years and 5 of those years in the United States were after your citizen parent's 14th birthday.




If all that is true then you have to apply for a certificate of citizenship with the Citizenship and Immigration Service (formerly the INS). Here is more information about that: http://uscis.gov/graphics/formsfee/forms/files/N-600.pdf

 

[Kathryn]

Thank you for your reply.
Will I have any luck if I just register my birth abroad and apply for a passport directly? Or do you suggest that I submit the N-600 form and the record of birth abroad prior to attempting to get my passport?


The following is more information on my case if it helps:

My Mother born in 1935 in the US. She was married to my Canadian dad in the US in 1958 and 9 months later they moved to Canada (my dad was working in the US at the time they met). My mom eventually became a Canadian citizen because at the time dual citizenship was not allowed. However, she has never renounced her US citizenship so the question is whether she is still a US citizen or not. I was born in 1974 in Canada but now I live in the States on a work visa.

It seems I fullfill all the requirements you listed except I'm unsure if my mother is still a US citizen or not.
Thank you for your help. It is much appreciated.

 

[NYClex]

You cannot just go to the passport office, you first need proof of your citizenship and this will be the "certificate of citizenship" issued by the USCIS.

After the Supreme Court held in 1980 that the automatic expatriation of anyone who became a citizen of another country was unconstitutional the State Department has retroactively agreed to revise these expatriation decisions. Nowadays you only lose American citizenship if you declare to intend to do so.

Your mother should go and apply for an American passport before you start your application.