Crossbench senator Derryn Hinch says it's a "frivolous" waste of time for him to go before the High Court over links to the United States but wants to clear his name.
It has been revealed the former Australian broadcaster still holds a US social security card from his time living in New York in the 1960s and 1970s.
Because section 44 of the constitution disqualifies people "entitled to the rights or privileges of a subject or a citizen of a foreign power" from parliament, Senator Hinch plans to refer himself to the High Court, which will investigate the framework governing the status of several MPs.
"I thought I was clean. I still think I'm clean," he told AAP on Thursday.
"Back in September of last year, (I) cancelled my pension because I didn't want to be accused of double dipping.
"I think it's frivolous. I think it's a waste of the High Court's time. It's a waste of money, but I have to do it."
However, it's understood Attorney-General George Brandis may not support Senator Hinch's High Court referral.
Senator Brandis is awaiting a letter from his Melbourne-based upper house colleague before seeking the advice of the solicitor-general.
If the advice is sought and provided, the attorney-general will then consider it ahead of parliament's resumption next week.
If Senator Hinch does go to the High Court, he will join Deputy Prime Minister Barnaby Joyce, Nationals Senator Matt Canavan, One Nation's Malcolm Roberts, and former Greens senators Larissa Waters and Scott Ludlum, who will have their eligibility assessed in October over dual nationality.
Senator Nick Xenophon and cabinet minister Fiona Nash are also to be referred to the High Court on Monday over their citizenship status.
Senator Hinch said he spoke with constitutional lawyers overnight and they advised him he was in good shape in terms of a case.
"I believe I'm in great shape. But I'm damned if I do and damned if I don't," he said.
"If I do, people will be saying 'it's a Hinch publicity stunt'. If I don't, they'll say I'm hiding something."
The senator also said he did not think a pension counted as a privilege under the constitution.
"I'm probably still legally entitled to it," he said.
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