Canadian Looking to Make the Move

[n8lol 2]

Apologies if I posted this in the wrong section, I am new here.

 

I am a Canadian citizen (21M) that is born and raised in Canada. I was born in 2002 March, and my Mother lived in the USA from 1991 to 1998 and got her naturalization in 1999. 

My mother (not born in the US), relocated there when she was 14 and became a US Citizen at age 18. Now, as she approaches retirement, she is considering a move to California from Canada with our whole family to be closer to her family and spend her remaining years there.

This is where I am confused. When I was born in Canada, my mother had her US citizenship at the time and my question is, would that make me a US citizen by birth? They have not filed anything for me but according to some documents I read online (regarding transmission), since I am born to a US citizen who lived in the US for 7 years, does that automatically make me a US citizen?

If so, what forms should I be applying for? Do I need to file for a passport since I am born to a US citizen, or would I need to go through the I-130 route? Also, would this be the same case for my two younger sisters who are 14 and 10 years old?

Similarly, I believe my father can get sponsored through I-130. If not, please specify another route.

 

Note: My mom hasn't renewed her US passport in over 15 years since it last expired. Will this cause any issues?

I posted this on reddit a couple of days ago and I am posting here to get more advice, as I've received conflicting information there. 

Edited July 28, 2023 by n8lol
forgot something

[n8lol 2]

Forgot to add this in the post:
I posted this on reddit a couple of days ago and I am posting here to get more advice, as I've received conflicting information there. 

[Chancy 6,241]

*** Moved from Bringing Family of LPR forum to US Citizenship General Discussion ***

 

4 minutes ago, n8lol said:

I was born in 2002 March, and my Mother lived in the USA from 1991 to 1998 and got her naturalization in 1999. 

My mother (not born in the US), relocated there when she was 14 and became a US Citizen at age 18.

 

Were your parents married when you were born?

Does your mom have documentary evidence of her physical presence in the US, like her school or medical records?

 

[n8lol 2]

Yes, my parents were married when I was born and they have a US marriage certificate. 

My mom has lots of evidence of her physical presence being in the USA such as obtaining her high school diploma, graduating college (she has her collage transcript but its electronic), driver's license, and immunization records. 

[Chancy 6,241]

8 minutes ago, n8lol said:

My mom has lots of evidence of her physical presence being in the USA such as obtaining her high school diploma, graduating college (she has her collage transcript but its electronic), driver's license, and immunization records.

 

Great!  In that case, your sisters are US citizens from birth.  Your mom should book an appointment ASAP at the nearest US consulate to apply for CRBA for your sisters -- https://ca.usembassy.gov/u-s-citizen-services/child-family-matters/birth/

 

Your mom should bring as many documents as possible, evidencing her physical presence in the US before the birth of her children.  After she gets your sisters' CRBA, she can immediately apply for US passports for them.

 

Because you are already over 18 years old, you are not eligible for CRBA anymore.  But you still have a claim to US citizenship from birth.  Apply for a US passport, with the same evidence used for your sisters' CRBA -- https://ca.usembassy.gov/u-s-citizen-services/citizenship-claims/

 

[n8lol 2]

1 minute ago, Chancy said:

 

Great!  In that case, your sisters are US citizens from birth.  Your mom should book an appointment ASAP at the nearest US consulate to apply for CRBA for your sisters -- https://ca.usembassy.gov/u-s-citizen-services/child-family-matters/birth/

 

Your mom should bring as many documents as possible, evidencing her physical presence in the US before the birth of her children.  After she gets your sisters' CRBA, she can immediately apply for US passports for them.

 

Because you are already over 18 years old, you are not eligible for CRBA anymore.  But you still have a claim to US citizenship from birth.  Apply for a US passport, with the same evidence used for your sisters' CRBA -- https://ca.usembassy.gov/u-s-citizen-services/citizenship-claims/

 

Thank you so much!

Would you happen to know if I am able to show a photocopied version of my mom's passport and other forms of evidence for my application? or does it have to be a physical ones? I ask because we have our appointment at the consulate in less than two weeks but our appointment is at the same time. My mom will need her passport as she is going in to renew it and as a result I won't be able to show her physical passport. If photocopied versions are not allowed, I'll reschedule my appointment to be a different date than hers so I can have access to her passport.

[Mike E 11,740]

2 minutes ago, n8lol said:

Would you happen to know if I am able to show a photocopied version of my mom's passport and other forms of evidence for my application

You will her naturalization certificate and other original documents such as your long form Canadian birth certificate 

[Boiler 45,662]

Your Mother can sponsor your Father assuming she can meet the requirements, is a Joint Sponsor available? Will she be moving first?

[Mike E 11,740]

1 hour ago, n8lol said:

posted this on reddit a couple of days ago and I am posting here to get more advice, as I've received conflicting information there.

I found your post on reddit. Not seeing the conflicting info. The comment do warn you to not rush to file N-600 until your U.S. passports are in hand.

[n8lol 2]

26 minutes ago, Mike E said:

You will her naturalization certificate and other original documents such as your long form Canadian birth certificate 

Thank you.

 

Since I need to take her original passport to my appointment and she also requires her passport for her appointment (she needs to renew since hers is expired) should I reschedule mine? Do they ship the expired passport with her application or do they give it back. If they give it back, I wonder if I can take it back from her and use it for my appointment.

 

10 minutes ago, Boiler said:

Your Mother can sponsor your Father assuming she can meet the requirements, is a Joint Sponsor available? Will she be moving first?

She will not be moving first. Ideally we all go together. We do have a family member who will sponsor. They are also a high earning individual if that makes any difference.
 

[Mike E 11,740]

2 minutes ago, n8lol said:

Since I need to take her original passport to my appointment

Does the appointment ask for her passport?

 

I think  need her naturalization certificate.

 

3 minutes ago, n8lol said:

She will not be moving first. 

The Montreal consulate is notorious for not accepting that.

 

If it is a requirement she remain in Canada until your father has an immigration visa in hand, you might have to file I-130 for him and go to the U.S. first.

[n8lol 2]

4 minutes ago, Mike E said:

I found your post on reddit. Not seeing the conflicting info. The comment do warn you to not rush to file N-600 until your U.S. passports are in hand.

Bad wording from my part. Since that post, I've spoken with two attorney's and a two USCIS agents and they've all given me different information than what was provided to me in the reddit post. I figured I'd post on here just to get another source for clarity. 

[Mike E 11,740]

2 minutes ago, n8lol said:

I've spoken with two attorney's and a two USCIS agents

Generally attorneys and USCIS ISOs give worse advice than reddit r/USCIS and that includes some of the attorneys who post on r/USCIS (but those attorneys get a tongue lashing. Of course on Visajourney they are too afraid to post).

[n8lol2 0]

1 hour ago, Mike E said:

Does the appointment ask for her passport?

 

I think  need her naturalization certificate.

 

The Montreal consulate is notorious for not accepting that.

 

If it is a requirement she remain in Canada until your father has an immigration visa in hand, you might have to file I-130 for him and go to the U.S. first.

Sorry for the delayed response. I think my old account is timed out since I can't reply anymore for some reason. 

 

Yes, she will require her passport for her appointment.

 

I was told that you can file I-130 abroad so I really hope that isn't the case that the consulate will deny it. We live in Toronto so we'll be going to the Toronto consulate if that makes any difference.

 

Also, my mom doesn't have a high paying job (about 30-35k -- my dad is the main provider) and there is an income requirement that is part of the I-130 process. We do have our house that is completely paid off and worth about $1M CAD at this point in time. Would that home count as an asset and replace the income?  

 

Edit: Just read that we'd have to go to Montreal for immigrant visas.

Edited July 28, 2023 by n8lol2

[Boiler 45,662]

I quite like the idea of you sponsoring your Father, would just need to meet the requirements for 2

 

You have a Joint Sponsor lined up so that is good.

 

Presumably they live in the house.