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Can a person who has not obtained a U.S Certificate of Naturalization still petition her mother using her U.S Passport?

West Palm Beach, FL |

My friend came to the U.S from Cuba after being petitioned by her naturalized U.S Citizen father. My friend was 17 years old at the time and she immediately obtained a U.S passport through her u.S.C father. She is now 22 and wants to petition her mother in Cuba. She doesn't have a Certificate of Naturalization, can she still file the I-130 proving citizenship by only using her U.S Passport?

Attorney Answers 7


  1. Best answer

    The US passport is as sufficient as a certificate of naturalization to prove US citizenship. In fact since your friend became a US Citizen by operation of law, and not by naturalization, she would not be able to receive the certificate anyway. Using her passport is the way to prove her citizenship.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


  2. This is a very tricky question. To be super cautious I would recommend filing the N-600. She may want to consult with an attorney before she does anything. I just had a similar case.

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.


  3. Yes

    The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an attorney prior to making legal decisions. Visit us at www.tunitskylaw.com. Contact us at 713.335.5505 or email at veronica@tunitskylaw.com. Veronica Tunitsky offers in-person, as well as telephone and email consultations.


  4. Yes her passport is sufficient. However she can also file n 600. Good luck!


  5. Yes, so long as the passport is a full validity passport. U.S. law provides that a full validity U.S. passport is conclusive proof of U.S. citizenship.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.


  6. Your friend did not become a citizen through naturalization. She derived citizenship from her father because she was a minor when he became naturalized. The US passport is sufficient.

    The information provided herein is provided as general legal information and does not constitute legal advice. The information is based on the facts given and should not be relied upon by the reader. An attorney-client relationship is not established by this transmitting this information. The best way to receive accurate advice and establish an attorney-client relationship is by retaining a licensed attorney.


  7. Yes, she can. Her U.S. passport should suffice as evidence of her citizenship.

    This answer is general in nature and not to be construed as legal advise. For legal advise, please consult an experienced Immigration Attorney.

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