Obtaining US Citizenship - One parent Canadian/American, Other Canadian?

Question

Hello, My family is currently looking into something. My dad is strictly Canadian. My mom has dual citizenship (US and Canada). My brother and me were born in Canada. Is it possible that since she has US citizenship me and him could obtain this status as well? And if so, could it cause any potential problems such as drafting in the future? Also note: We are both under 18.

Thank you in advance.

Answer 1

Take a look at the first link below on the USCIS website re citizenship question.

U.S. citizens living anywhere in the world are required to file income tax returns with the IRS, calculated based on their world-wide income, even if they do not reside in the U.S.  The Canada-U.S. tax treaty will provide you with protection from double taxation.  More information about your tax obligations can be found through the second and third links below.  Search the "Publications" sections on these agencies website.  Your parents should be familiar with these websites if they have filed T1 and 1040 tax returns in Canada and the U.S.

If you are a U.S. citizen and you renounce your U.S. citizenship in order to avoid paying U.S. taxes, you may be barred from entering the U.S. in the future, as provided by U.S. Immigration and Nationality Act 212(a)(10)(E) (see the fourth link below, end of that page).

I'm not sure about the military draft issue, but you might find information through the fifth through seventh links below.

Answer 2

I had to do this for my son.  This is the website you will need to go to

http://www.amcits.com/birth_abroad.asp

You will be applying for a Consular Report of Birth Abroad.  This is your US citizenship certificate.  Good luck.

The U.S. Embassy and Consulates in Canada accept applications for Consular Reports of Birth Abroad (CRBA) for children under 18 born in Canada or elsewhere outside the United States; and currently residing in Canada.

Overview

Applications for Consular Reports of Birth Abroad require the parent's and, usually, the child's personal appearance at a U.S. consulate or embassy.

    * Please check the page for the U.S. Consulate in Canada where you intend to submit your application for post-specific information on public hours for applying for a report of birth and whether an appointment may be required.

You may also apply for a U.S. passport for your child (in lieu of a consular report of birth abroad) at a passport acceptance agency in the U.S. if that is a more convenient alternative.

    * The State Dept. maintains this online database of Locations of Passport Acceptance Facilities in the U.S.

    * A list of appropriate documents that can be presented to prove the child's claim to U.S. citizenship is included in the instructions on the back of the DS-11 passport application.

Checklist

The following information summarizes key provisions of U.S. law regarding the transmission of citizenship by a U.S. citizen parent or parents to their children born in wedlock outside the United States. (Please note that separate transmission requirements apply for children born outside of wedlock. Contact the U.S. Embassy/Consulate for further information if this is the case.)

    * If both parents were U.S. citizens when your child was born, he/she may have acquired U.S. citizenship at birth, if at least one parent resided in the USA prior to the child's birth.

    * If your child was born on or after 11/14/86, and only one parent was a U.S. citizen at the time of the child's birth, the child may have acquired U.S. citizenship at birth if the U.S. citizen parent was physically present in the USA for periods totaling five years prior to the child's birth, at least two of which where after their 14th birthday.

    * If a child was adopted by an American citizen(s), or if the U.S. citizen parent has not met the physical presence requirement, then the child cannot be issued a Consular Report of Birth Abroad. Please refer to the Child Citizenship Act of 2000 for further information on how to document your child as an American Citizen.

1. Child's official provincial birth record, showing complete information on the parents.

    Note: Some posts can only accept an original Registration of Live Birth - bearing the impression seal of the Vital Statistics office. This record is kept on file with Vital Statistics and a certified photocopy bearing the impression seal of the office can be issued.

    This document tells us whether there have been any amendments to the record. The child's certificate of birth is not always acceptable. Please refer to your "post specific" instructions when you receive your application forms, for acceptable birth record instructions.

2. Evidence of Parent(s) U.S. Citizenship at the Time of the Child's Birth.

    U.S. Passport; Certificate of Citizenship/Naturalization; Consular Report of Birth Abroad; or a U.S. Birth Certificate bearing the impression seal of the Vital Records Office and the date of filing.

3. Proof of parents' identity: Photo ID.

4. Certified copy of the parents' marriage certificate.

5. Documentary evidence of termination of any previous marriages of either parent (i.e. divorce decree, death certificate, etc.), if applicable.

6. In some cases the U.S. citizen parent may be asked to complete an Affidavit of Parentage and Physical Presence at the time of Application.

7. Parents' Canadian Immigration Record, showing original entry date into Canada.

8. Evidence of parent's physical presence in the U.S.

    Some examples of evidence of physical presence may include accredited school and university transcripts, employment letters, utility bills, etc. Acceptance of this evidence will be at the discretion of the consular officer, and depending on the circumstances, the consular officer may ask for additional material.

9. Complete Form DS-2029. Do not sign.

10. Complete Application for a Social Security Number (Form SS-5-FS). Children 12 years of age and older must appear in person with the parent signing.

11. If you wish to apply for the child's passport, the child must appear in person with the parents signing. Submit two color photographs. The photos must be recent (taken within the past six months), identical, 2 inches x 2 inches; Full face, on a plain, light (white or off-white) background. Vending machine photographs are not acceptable. You will also need to complete the appropriate passport app

Answer 3

You are probably US citizens because your mother is a US citizen, but it depends upon the time your mother spent in the US.  The US consulate can provide you with the exact details.  You will have to be registered with the consulate and to do this you will need your birth certificate and your mother's birth certificate as well as a detailed list of where she lived through her life.

I believe your brother is supposed to register with the selective service or whatever they call the army, but there isn't a draft at present.  The tax thing is a non-issue, it's just a hassle filing.