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Hi, I'm trying to figure out if I have derivative US Citizenship. I was born in September, 26, 1982 in Brazil. My mother is an American citizen (born in Alabama). My father is a Brazil citizen. I have been studying in the US for the past 4 years, with a Student VISA. We don't have enough documentation to prove that my mother lived in the US for 5 years after 14, even though there's a lot of people that can testify she did. My grandmother (who recently passed away), lived in the US all her life. Is there any chance I have derivative citizenship? Thank you.
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You are correct that under INA Section 301(g) that your mother needs to prove that she was physically present in U.S. or possession 10 years before your birth, five of which after she turned 14 years of age. Did your mother go to school between age 14 and 19? Did she work? If so, evidence such as her school records, medical records, social security records, tax records would work.
Answered on Feb 04th, 2013 at 5:55 PM