I am in the process of getting my adoption records from where i was born, and my adoptive parents have told me for years that my biological mother was american... is it easy to get dual citizenship? i know i need to have proof, but i was born here in canada to a possible american citizen and canadian citizen... and my parents told me for years that they wish that they had thought of dual citizenship when i was a child....

Hi,

A lot depends on what year you were born in as the laws have changed several times.

Check out this USCIS table to see which laws applied when you were born: Nationality Chart - USCIS

There are basically two things to prove - once you have established that you have a claim to citizenship - first you need documentation that your Mother is an American, a copy of her birth certificate for instance, secondly you need proof that you are your Mother's child - most probably a birth certificate naming her as your biological Mother.

Although it is mentioned in the USCIS table, I thought should also mention, there are residency requirements, again, depending on when you were born, your Mother would have had to meet certain residency requirements for you to claim derivative citizenship - for instance if you were born between 1941 and 1952, you would have to prove that your Mother had resided in the U.S. or OLP for 10 years, at least 5 of which were after age 16.

For some years just the fact that she ever lived there is enough (and a birth certificate would prove that).

You said you were born in Canada. I would think that since you were legally adopted in Canada by Canadian citizens then you lost all ties to you birthmom. Even the possible citizenship. I may be wrong. Just my thoughts.

Meriem

I don't know how you would come to that conclusion? The child has no say about whether they are adopted or not or in which country. The laws refers to biological parents and the OP's Mother may have been American. I don't think this is a question that is really open to opinion.

I'm not so sure. INA 301 talks about conditions under which a child is a US Citizen on the day the child is born. The details of the rules have changed somewhat over the years, but basically, if you're born of a US Citizen parent who meets the residency requirements, you are automatically a citizen at the moment you are born.

The adoption would have happened after the birth; that is, after the child was already a US Citizen according to US law. There are only a few ways a US citizen can lose US citizenship, and I don't believe adoption is one of them. Lots of other ties may be severed by adoption, of course.


I think the most difficult challenge will be gathering the proof that the citizenship requirements were met at birth. The longer time passes, the more difficult it may become to gain the documentation.

If you do meet the requirements, you can apply directly for a US passport. Or you can apply for a certificate of citizenship; the choice is yours.

If you are a US citizen, you don't need to file for a K-3!!!

I would get the information ASAP to find out.

Wish you luck.
Sibylle