Probably dumb question... am I already a citizen?

[s_mack 0]

Hello. I'm sure this is a silly question... am I already a citizen?

My story: Born in OK (I think that right there makes me American?), moved with father (US born) and mother (Canadian born) to Saudia Arabia. Eventually, my mother divorced him and then her, myself and my brother came to Canada when I was a child and I've been in Canada ever since. I know for certain that I am a Canadian citizen... what I'm not sure of is if that means I am no longer an American citizen?

My (Canadian) wife and I are considering a life in America and I think that process is a whole lot easier if I'm already a citizen, right?

A problem may be documentation. I lost my birth certificate in a fire as a teen in 1995. My mother tried to get a replacement... after a long time, we got a letter back saying there was a delay relating to the bombing incident in OK that year. We never followed up... but we never heard back from anyone on that. I have a Canadian passport that I've kept up to date since before then (needed my birth cert for that application) so it shows my "place of birth" as being in the USA. I never had a SSN.

So yeah... am I a US citizen? Does that bypass anything in terms of my wife and I coming to the USA? Or are we still going to have to go through normal immigration channels?

Thanks for any answers, pointers or advice.

Steve

[rsn 135]

If you were born in the U.S. you are a U.S. citizen.

Edited March 23, 2010 by rsn

[TheBears 9]

Being born in the US to a US citizen father makes you a US citizen. That doesn't change no matter how long you're out of the country. Contact OK vital records and request a copy of your birth certificate. Use that to get a US passport.

Is DCF allowed in Canada? If so, start looking for a home and work in the US and file your I-130 directly with the embassy.

Good luck!

[Brother Hesekiel 2,235]

Of course you are a US citizen.

[Darnell 8,478]

contact the office in OK again - inquire, again.

Once you have the birth certificate, you should be able to apply for a USA passport at a Consulate/Embassy in Canada (in person). Once you have USA passport in hand, you then have PROOF (worthy proof, even) that you are a USA citizen, can USE that proof in filing a I-130 for yer wife in Canada (via DCF, hopefully)

Good Luck !

Edited March 23, 2010 by Darnell

[VanessaTony 3,567]

Being born in the US to a US citizen father makes you a US citizen. That doesn't change no matter how long you're out of the country. Contact OK vital records and request a copy of your birth certificate. Use that to get a US passport.

Is DCF allowed in Canada? If so, start looking for a home and work in the US and file your I-130 directly with the embassy.

Good luck!

Being born IN the US makes you a US citizen... don't need US parents to do so. If you are born to US citizen parents (or parent) OUTSIDE the US then you are still a US citizen but a CRBA needs to have been submitted before your 18th bday... but that doesn't relate to the OP as born in the US (and as an extra bonus to a US parent) means you're a US citizen.

The DCF part as mentioned above will be the best option for the OP as he already lives in Canada. Here's the link: http://www.visajourney.com/content/dcf if you've been married more than 2 years then your wife will receive her 10 year non-conditional greencard.

Good luck obtaining your US birth certificate Perhaps the Canadian embassy has a copy when you submitted your Canadian passport application.. I would of course try OK first, but just an idea for "what if's".

[s_mack 0]

Thanks so much for the confirmation, advice and links everyone! I appreciate it.

My wife and I have not been married for 2 years yet, but that's coming up in July so no big deal if that makes things easier.

I have some reading to do. Thanks again.

- Steven

[mrs. wife! 3]

Being born IN the US makes you a US citizen... don't need US parents to do so. If you are born to US citizen parents (or parent) OUTSIDE the US then you are still a US citizen but a CRBA needs to have been submitted before your 18th bday... but that doesn't relate to the OP as born in the US (and as an extra bonus to a US parent) means you're a US citizen.

The DCF part as mentioned above will be the best option for the OP as he already lives in Canada. Here's the link: http://www.visajourney.com/content/dcf if you've been married more than 2 years then your wife will receive her 10 year non-conditional greencard.

Good luck obtaining your US birth certificate Perhaps the Canadian embassy has a copy when you submitted your Canadian passport application.. I would of course try OK first, but just an idea for "what if's".

So, if someone is 'visiting' the US and give birth there, the kid is considered a USC? I thought the kid would have to live there for a certain amount of years to really be a citizen?!!

The OP's case we are sure because he has a USC father right?

[VanessaTony 3,567]

So, if someone is 'visiting' the US and give birth there, the kid is considered a USC? I thought the kid would have to live there for a certain amount of years to really be a citizen?!!

The OP's case we are sure because he has a USC father right?

Yep just from being born there! Which is why you can be refused entry if you're "too pregnant" from what I understand... though honestly I've never seen it, or seen it reported.

Here's a wiki article on it: http://en.wikipedia.org/wiki/Birthright_citizenship_in_the_United_States_of_America specifically here: "Under United States law, any person born within the United States (including the overseas territories of Puerto Rico, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands [1] and subject to its jurisdiction is automatically granted U.S. citizenship, [2] as are many (though not all) children born to American citizens overseas."

In the OP's case we're sure because he was born in the US and has a US birth certificate (even though his current copy was destroyed in a fire). We're also additionally sure because his father is a USC but there are some restrictions on CRBA being before turning 18.. but he can't do CRBA because it's meant for kids born ABROAD.. and he was born in the US. He just needs a copy of the certificate. If he tried to do CRBA for example they would ask for his birth certificate, which is a US birth certificate so they'd just return it telling you to apply for a US passport the normal way.

Another example is the recent article of an asian couple who are about to be deported because they're illegal (or something like that) but they had kids in the US who are perfectly entitled to stay as they are USCs.. born in the US.

Edited March 24, 2010 by Vanessa&Tony

[TheBears 9]

Yes. Yes. Yes. Being born in the US makes you a US citizen in and of itself.

Vanessa&Tony, you missed the point. The point was that the OP satisfies both jus soli (right of the soil AKA being born in the US) and jus sanguinis (right of the blood AKA being born of US citizen parents) requirements for citizenship. In other words, there's no doubt as to his citizenship.

Yes, ma'am, Natalia. It's generally accepted (though never proven in court) that jus soli extends to visitors' and illegal aliens' children as well.

Now if only Thailand were as simple...

[mrs. wife! 3]

Thank you guys to clarify!

If it was this easy for us wives/husbands!

We do not only have to go tru all immigration process, but wait for 3ys to became a citizen.

Doesn't make any sense comparing to "born in the us" law.

[VanessaTony 3,567]

Vanessa&Tony, you missed the point. The point was that the OP satisfies both jus soli (right of the soil AKA being born in the US) and jus sanguinis (right of the blood AKA being born of US citizen parents) requirements for citizenship. In other words, there's no doubt as to his citizenship.

No. Didn't miss the point. You said "in the US to a US citizen" which implies that US citizen parent whilst IN the US was a requirement when it's not. I wanted people to be aware that being born IN the US is sufficient (as Mrs. Wife pointed out she didn't know this seems to have been a good thing to do) but otherwise yes, in the OP's case he satisfies two different categories and is most definitely a US citizen.

Edited March 24, 2010 by Vanessa&Tony

[sunny808 1]

Yup generally speaking born in the U.S.A.= U.S. citizen. The only exception I know of is if both parents are accredited foreign diplomats/heads of state.

Edited March 24, 2010 by sunny808

[Sand 5]

Yes, You are U.S Citizen.

[antda 13]

Hello. I'm sure this is a silly question... am I already a citizen?

My story: Born in OK (I think that right there makes me American?), moved with father (US born) and mother (Canadian born) to Saudia Arabia. Eventually, my mother divorced him and then her, myself and my brother came to Canada when I was a child and I've been in Canada ever since. I know for certain that I am a Canadian citizen... what I'm not sure of is if that means I am no longer an American citizen?

My (Canadian) wife and I are considering a life in America and I think that process is a whole lot easier if I'm already a citizen, right?

A problem may be documentation. I lost my birth certificate in a fire as a teen in 1995. My mother tried to get a replacement... after a long time, we got a letter back saying there was a delay relating to the bombing incident in OK that year. We never followed up... but we never heard back from anyone on that. I have a Canadian passport that I've kept up to date since before then (needed my birth cert for that application) so it shows my "place of birth" as being in the USA. I never had a SSN.

So yeah... am I a US citizen? Does that bypass anything in terms of my wife and I coming to the USA? Or are we still going to have to go through normal immigration channels?

Thanks for any answers, pointers or advice.

Steve

Steve-Lol..no questions are dumb....

So in answer to your question, yes, you are a US Citizen, by birth...And a Canadian Citizen, by being the son of Canadian...Congrats on being dual! (lol...I'm dual too)

Btw..How did you get a Canadian passport with no birth certificate? Did you use a Canadian citizenship card for that instead?

All you need to do for your US Citizenship is ro get a copy of you US Birth certificate...And that is sufficient already!

You can also get a US passport and SSN afterwards too.

Hope this helps.

Good luck with your journey too.

Ant

P.S. If you have any further questions about applying for your wife from Canada, feel free to post in the "Canada" forum here too:

http://www.visajourney.com/forums/forum/93-canada/

Edited March 25, 2010 by Ant+D+BabyA