Can I get a passport even if I am undocumented? 5 Answers as of November 18, 2011

I was born in Canada to U.S. citizens. My parents never filed a proof of birth in the U.S. I, however, somehow have a working Social Security Card. I also have a state I.D. and even more so, I collect social security benefits while also receiving a medicaid insurance from the state. But I called immigration and the line is grey when it comes to getting a passport. I just want to "prove" my citizenship. Even more complicated is that my mother was also born in Canada but has an old U.S. passport from 1977. Do I need a lawyer to help me? I do have a mental problem so it is very very difficult to go thru this process. All I want to do is leave the country and return after a brief vacation. what do you recommend?

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All American Immigration
All American Immigration | Tom Youngjohn
You should get an immigration attorney. You should file an N-600 first, then, only if that is successful, apply for a passport.
Answer Applies to: Washington
Replied: 11/18/2011
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
You should be able to obtain a passport assuming you meet one of the following criteria. Under the Immigration & Nationality Act you would be considered a U.S. citizen (1) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person or (2) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States. If you meet one of these criteria, you would be able to request a U.S. passport. This is not to say it will be easy to obtain. You will need documentation to show you meet one of these criteria such as your parents' birth certificates or naturalization certificates, proof of residence in the United States, etc.
Answer Applies to: New York
Replied: 11/18/2011
Immigration Attorneys, LLP | Robert R. Gard
Citizenship statutes and derivative citizenship statutes have been amended and revised over the years, so that detailed analysis must be made, reviewing dates of birth and places and time periods of physical residency for both parents and child. I have attached a memo that explains some of the variable factors and should guide you toward determining whether you have a case for a claim to U.S. citizenship. If your review of the attachments convinces you that you have such a valid claim, then applying for a U.S. passport, and asserting the factual circumstances that support the claim is probably the best way to go. Claiming U.S. citizenship when you know or have reason to believe that your claim has no basis in law could cause major U.S. immigration problems. However, if you truly and in good faith believe that your factual circumstances meet the requirements for U.S. citizenship, you are allowed to test your claim, and one of the best ways to make this test is to apply for a U.S. passport.
Answer Applies to: Illinois
Replied: 11/18/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
I definitely would not recommend leaving the country until you get your status resolved. There are options here to prove your U.s. citizenship but we will have to show your parents physical presence in the U.S., determine which citizenship law applies to you depending on your date of birth. The easiest may be a direct application for U.S. passport and/or Form N-600 with USCIS. Why not turn it over to an attorney to guide you through it.
Answer Applies to: California
Replied: 11/18/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Yes, you need a lawyer who handles immigration matters and who should be able to assist you in establishing your U.S. citizenship since you were born in Canada of U.S. citizens.
Answer Applies to: Virginia
Replied: 11/18/2011
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