Legal Question in Immigration Law in Connecticut

My mom was born in Canada but has been here since the age of two. Her dad is a US citizen. There was never a birth abroad document filed for her and she never took a citizenship test. Is she a naturalized citizen or does she have derivative citizenship? She wants to file for social security retirement benefits, but we don't know if she can.d


Asked on 10/01/14, 12:32 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

The naturalization laws differ, depending on when your mother was born, if her biological parents were married, if her father is naturalized or born in the United States, if her mother is a U.S. citizen, etc.

Generally, if a person is born out of wedlock, & the biological father is not on the birth certificate, & the biological mother is not a U.S. citizen, there are definite challenges to derivative citizenship, to say the least.

What is your mother's legal status in the United States now?

If you are a U.S. citizen over the age of 21, & if your mother does not have a "greencard", you might need to petition her for U.S.Legal Permanent Residency first. If she has a greencard, she should just apply for naturalization on her own.

Please contact me if you have any further questions or require assistance. Thank you!

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Answered on 10/02/14, 8:46 am


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