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

Asked over 1 year ago - 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. Samuel Patrick Ouya Maina

    Contributor Level 19

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    Answered . 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,... more
  2. Jeffrey Adam Devore

    Pro

    Contributor Level 20

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    Answered . 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... more
  3. Brian Lee Michael Balaguera

    Contributor Level 11

    4

    Lawyers agree

    Answered . 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.... more
  4. Veronica Tunitsky

    Contributor Level 18

    4

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    Answered . Yes

    The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an... more
  5. Manjula Kalidindi

    Contributor Level 3

    2

    Lawyers agree

    Answered . 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... more
  6. Inara Khashmati

    Pro

    Contributor Level 13

    2

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

  7. Irene Vaisman

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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.

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