Citizenship application for U.S. Resident born to U.S. Citizen abroad (over 18)

[rymat91]

__

[newacct]

You almost certainly are a US citizen from birth. Specifically, you were automatically a US citizen from birth if your US-citizen mother was physically present in the US some time in her life before your birth for a cumulative total of 5 years, including 2 years after she turned 14. (That's assuming you were born in wedlock. If you were born out of wedlock, then your US-citizen mother must have been physically present in the US for a continuous period of 1 year some time in her life before your birth.) Since she was a naturalized citizen, she almost certainly has enough physical presence to meet this, as she had to have been in the US for a certain period of time in order to naturalize.

If you are a US citizen, it's not necessary for you to file N-600 and pay $1170 to apply for a Certificate of Citizenship. You can just apply for a US passport at any time.

[newacct]

Thank you for replying! I was born in wedlock in March of 1990. My mom became a naturalized citizen in November of 1987. However, she was working and living legally in the U.S. since 1970 up to 1989. Do I still qualify for this option or did she needed to live 5 years AS a U.S. Citizen prior to my birth?

5 years in any status, including as permanent resident, nonimmigrant, or illegal immigrant.

[newacct]

I am truly grateful for the assistance received in this forum but here is a little update on my situation. I decided to apply for my U.S. passport. I submitted application and documentation pertaining to me and my mother this past May. I received a letter requesting documentation of my physical presence in the U.S. (school, medical, financial, etc.). Documentation was sent and now I am being requested my mom's documentation that shows proof of her physical presence prior to my birth based on the affidavit sent along the application. The letter that I received mentions that it is required to base proof because I have potential claim to US Citizenship via Section 301(g).

The problem is that we have no documentation that proves her physical presence prior to 1986. She lived in 2 different states before that time and she did not attend school or has a medical history. The only proof we have is that she worked during those years based on her yearly social security statement(No residence address of her or employers). We also have a letter from the IRS in 1986. I intend to submit both. My question is since she is a NATURALIZED US citizen and considering one of the requirements to become a US citizen is to "Demonstrate continuous residence in the United States for at least 5 years immediately preceding the date of filing Form N-400.". Shouldn't that be sufficient evidence? Any other recommendations in obtaining forms that proved her residence would be appreciated.

Again, thanks to all members in this forum for the support and sharing their knowledge!

It's 5 years of "continuous residence", but continuous residence doesn't mean she had to be physically present in the US for all of that period. Taking short trips abroad (or in some cases, even long ones) doesn't break continuous residence. Naturalization under the 5-year rule also requires her to have been physically present in the US for 2.5 years of the 5 years, so you can prove that much at least. On her naturalization application, she would have had to fill in the dates when she was absent from the US, so if she can get a copy of her application, that would probably establish close to 5 years, although I am not sure whether they will accept that as what she filled out on her application is just her own claim. If she has old passports showing her entries and exits that might help too, though it's not conclusive proof as entries and exits are not always stamped.