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What is required to get the IRS to release tax returns from 1940's-1960's?

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atwnsw

Member
My mother was a U.S. citizen (born in NY in 1945) and committed suicide when I was 12. Since then I have been living with my U.S. relatives (my great grandparents and then grandparents - all of whom are now deceased). If I can prove that my mother resided in the U.S. from 1945 (when she was born) to 1964, then I automatically qualify for US citizenship (called “Derived Citizenship”). Since there are no immediate surviving relatives my research options are limited.

I would like to appeal to the courts to have my grandfather and possibly great grandfather’s IRS filings released to prove that my mother was a dependent living under their roof. Can somebody tell me what is involved to get these records? What court do I need to pursue? How do I begin? What is the cost? I have limited funds and that also presents a challenge.

How can I get my mom’s social security number? I did a background search and was unsuccessful.

On top of everything else I have been unemployed for 1 year. If I can secure US citizenship I have been offered employment.

Any help is appreciated.

Thanks

P.S. If this isn't the right thread to post this question, please let me know and I will move/re-post....Thanks
 
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Just Blue

Senior Member
My mother was a U.S. citizen (born in NY in 1945) and committed suicide when I was 12. Since then I have been living with my U.S. relatives (my great grandparents and then grandparents - all of whom are now deceased). If I can prove that my mother resided in the U.S. from 1945 (when she was born) to 1964, then I automatically qualify for US citizenship (called “Derived Citizenship”). Since there are no immediate surviving relatives my research options are limited.

I would like to appeal to the courts to have my grandfather and possibly great grandfather’s IRS filings released to prove that my mother was a dependent living under their roof. Can somebody tell me what is involved to get these records? What court do I need to pursue? How do I begin? What is the cost? I have limited funds and that also presents a challenge.

How can I get my mom’s social security number? I did a background search and was unsuccessful.

On top of everything else I have been unemployed for 1 year. If I can secure US citizenship I have been offered employment.

Any help is appreciated.

Thanks

P.S. If this isn't the right thread to post this question, please let me know and I will move/re-post....Thanks
I would suggest this is more an Immigration Law issue.
 

tranquility

Senior Member
In theory, the returns are destroyed every 7 years, so you cannot get a copy of the return. There may be some availability of a transcript of the return, but I can't imagine it goes to the days before computers were common.

I think you will need to find another way to get the information you need. An experienced immigration attorney may be able to get such information from other sources.
 

atwnsw

Member
We have a copy of my mom's birth certificate. She was born in NYC.....

How does that help? There isn't a social security number on it....
 

Zigner

Senior Member, Non-Attorney
Slow down - you qualify for citizenship because your mom was a citizen. You are automatically a citizen.
 

atwnsw

Member
I wasn't born in the US. Unfortunately I don't automatically qualify as US citizen because my mom was a citizen. I wish you were right but I have confirmed that my only option to get US citizenship is through what is called "Derivative Citizenship"....
 

Zigner

Senior Member, Non-Attorney
I wasn't born in the US. Unfortunately I don't automatically qualify as US citizen because my mom was a citizen. I wish you were right but I have confirmed that my only option to get US citizenship is through what is called "Derivative Citizenship"....
Thanks for the clarification.
 

mistoffolees

Senior Member
I wasn't born in the US. Unfortunately I don't automatically qualify as US citizen because my mom was a citizen. I wish you were right but I have confirmed that my only option to get US citizenship is through what is called "Derivative Citizenship"....
How did you confirm that? It doesn't appear to be true:

USCIS - Derivative Citizenship
"Citizenship conveyed to children through the naturalization of parents or, under certain circumstances, to foreign-born children adopted by U.S. citizen parents, provided certain conditions are met."

Your mother was a citizen, so she wasn't naturalized. And you weren't adopted by U.S. Citizens, so that part doesn't apply, either.

OTOH, you seem to meet the requirements for citizenship because your mother was a citizen:
USCIS - Citizenship
"To become a citizen at birth, you must:

Have been born in the United States or certain territories or outlying possessions of the United States, and subject to the jurisdiction of the United States; OR
had a parent or parents who were citizens at the time of your birth (if you were born abroad) and meet other requirements"

According to that, you are a citizen even though you were born abroad.

Contact USCIS for help:
USCIS Home Page
 

xylene

Senior Member
In fact, at first glance, it would seem you are not eligible for Derivative Citizenship.

I am with mistoffolees in being confused as to why you do not have ordinary Jus sanguinis citizenship from your mom.
 
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