Legal Question in Immigration Law in North Carolina

I was born in Canada (to Canadian parents), and came to the U.S. with my family in the late 70's at around 5 years old. I honestly have no idea what 'status' we came as, or what was said/done at the border; both parents have since died, so I cannot discuss it with them.
My father was naturalized in the mid to late 80's (1986?). My mother remained in Canada, and never applied for any US status, that I'm aware of.
I have, essentially, lived my entire life here. Have graduated here. Have a Social Security card. Served on active duty in the US military in the 90's, and reserve military through 2003. And always just assumed I was a citizen.
Recently, I was looking into getting a passport, and realized I can't provide what is required. I have a Canadian birth certificate, Social Security card, a copy of my fathers naturalization certificate, and a DD214. It doesn't appear that those things will be enough for a passport. Am I not a U.S. citizen? I'm a little confused and a lot nervous.

Asked on 3/23/15, 11:41 pm

2 Answers from Attorneys

Philip Eichorn Hammond Law Group

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Hi. We see this a lot. The first course of action is to determine if you are a citizen by operation of law. This is done by obtaining relevant documentation about your father's naturalization and your parents marriage and then comparing that to the law at the time your father naturalized. At the same time, we must obtain your immigration history from USCIS. Once we have everything, we can determine if you're a citizen by operation of law and if you're not a citizen then what status you hold if any. Then we go from there to repair the situation. We have an office in Charlotte so if you'd like to sit and chat further, we're happy to do that with you.

Answered on 3/24/15, 6:05 am

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