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Proving U.S. citizenship for persons born abroad: Challenges and Solutions

  • By: Immigration Attorney Osas Iyamu
  • Published: October 16, 2024
Proving U.S. citizenship for persons born abroad

If a person born outside the U.S. has acquired citizenship automatically through a U.S. citizen parent but is unable to provide the necessary evidence to prove it, the situation can be complex and challenging. This may occur if the U.S. citizen parent(s) are deceased, estranged, or uncooperative, making it challenging to gather the required documentation, such as proof of the parent’s citizenship or their physical presence in the U.S. before the child’s birth.

Impact of Inability to Provide Evidence of U.S. Citizenship:

1. Lack of Official Recognition as a U.S. Citizen:

You will only be officially recognized as a U.S. citizen with sufficient documentation, such as a U.S. passport, Consular Report of Birth Abroad (CRBA), or Certificate of Citizenship. Without these, proving U.S. citizenship for persons born abroad to U.S. citizen parents may be difficult, preventing you from accessing benefits and rights like legal work, voting, or traveling with a U.S. passport.

2. Increased Vulnerability to Deportation Proceedings:

Without proof of citizenship, U.S. immigration authorities may consider you “removable” or deportable, especially if you’re undocumented or overstayed a visa. Although you may claim automatic U.S. citizenship, the absence of documents leaves you vulnerable to deportation.

3. Difficulty Accessing Benefits and Services:

You may struggle to access government programs, healthcare, employment, and other benefits that require proof of U.S. citizenship. This can cause severe hardships, particularly if you’ve lived in the U.S. for many years believing you were a citizen.

What Should You Do in This Situation?

1. Consult an Immigration Attorney:

If you suspect that you may have acquired U.S. citizenship but are unable to provide the necessary evidence due to uncooperative, estranged, or deceased parents, the first step is to consult an experienced immigration attorney.  Attorneys can help you gather alternative forms of evidence and explore legal strategies to prove your citizenship.

2. Search for Alternative Evidence:

If your parents are deceased or unwilling to assist, you may still find other ways to prove your citizenship. These alternatives include:

  • Affidavits from family members or friends confirming your parent’s U.S. citizenship and physical presence in the U.S.
  • U.S. public records showing your parent’s residency, school attendance, or tax filings.
  • DNA testing, if applicable, to establish a biological link to your U.S. citizen parent.
  • Historical records such as old passports, employment records, or military service documents show your parent’s U.S. presence.

3. File a Freedom of Information Act (FOIA) Request:

If essential documents are missing, a FOIA request may help you obtain information from government agencies, like immigration records or your parent’s citizenship applications, to support your claim.

4. Apply for a Certificate of Citizenship or U.S. Passport:

Even if some documentation is unavailable, you can still apply for a Certificate of Citizenship (Form N-600) or a U.S. passport by gathering all possible evidence, even if it’s indirect. An immigration attorney can help strengthen your application and advocate on your behalf.

Are You Removable from the U.S. if You Cannot Prove Citizenship?

Yes, if you can’t provide evidence of your U.S. citizenship and you’re undocumented, you could face removal from the U.S., even if you acquired citizenship at birth. The burden of proof rests on you to show you’re a U.S. citizen. Without adequate evidence, immigration authorities may treat you as a non-citizen, leading to removal proceedings.

However, if you’re already in removal proceedings, you may still assert your citizenship by presenting evidence during the process. An attorney can help defend your case. It’s crucial to act quickly and gather any available proof before removal proceedings begin.

Final Recommendation:

If you believe you’ve acquired U.S. citizenship but lack the necessary proof, take action immediately. Consult a skilled immigration attorney who can explore all legal options, help with proving U.S. citizenship for persons born abroad, gather alternative evidence, and submit applications to establish your citizenship. Acting swiftly can prevent deportation and ensure you gain the rights and privileges of U.S. citizenship.

Don’t wait—Contact the Law Offices of Osas Iyamu, LLC today for expert guidance on proving U.S. citizenship for persons born abroad and securing your future.

Disclaimer: This blog post is for informational purposes only and should not be construed as legal advice. Always consult with a qualified immigration attorney regarding your specific situation.

Osas Iyamu

Distance Is No Barrier, Call Us Now!
(800) 974-6480
(352) 237-2403