QUESTION

My mother is a US citizen by birth, can I become a US citizen?

Asked on May 03rd, 2012 on Immigration - Georgia
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My mother is a US citizen by birth, also her mother was a US citizen by birth. I am 41 years old and I was born in México, I only have her original birth certificate, can I become a US citizen?
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7 ANSWERS

Business Law Attorney serving Atlanta, GA at Elkhalil Law, P.C.
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Yes you may be able to. We need more facts to answer your question adequately!!
Answered on May 11th, 2012 at 2:39 PM

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If the mother is still living, the mother may petition for her child. However, it's considered F1 or F3 priority (depending on whether the adult child is married or unmarried) and the priority date for both F1 and F3 petitions for Mexican citizens is currently in 1993. (Meaning it may be two decades before a visa number is available.) For immediate citizenship based on the citizenship of a parent, the child must be under 18.
Answered on May 09th, 2012 at 1:52 PM

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It really depends on whether your mother spent sufficient time in the US to have transferred the citizenship status to you. You need to do some research into that in terms of the length of time spent in the US after a certain age for your mom.
Answered on May 04th, 2012 at 2:19 PM

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If your mother was unmarried when you were born, your mother can transfer her citizenship to you if she was physically present in the U.S. continuously for 12 months prior to your birth.
Answered on May 04th, 2012 at 2:18 PM

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Immigration Attorney serving Boulder, CO
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You may have derived U.S. citizenship from your mother, but it depends on a number of factors including the time that your mother spent in the United States. You may need to provide other documents and evidence of your mother's residence in the U.S. If you don't have those documents, an immigration attorney or private investigator may be able to help you find those documents. I recommend that you consult with an immigration attorney to determine whether you derived citizenship from your mother.
Answered on May 04th, 2012 at 2:13 PM

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Thomas J. Rosser
For possible transmission of US citizenship, assuming you were born abroad in 1970/1971 to a US Citizen mother and an alien father, your USC mother would have to have been physically present in the US (or possession) for a minimum of ten (10) years prior to your birth, five (5) of which were after she was 14 years old or older. [INA 301(a)(7) now 301(g)].
Answered on May 04th, 2012 at 2:12 PM

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Immigration Law Attorney serving Atlanta, GA
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The short answer to your question is: yes. Generally, the biological child of a mother who was a U.S. citizen by birth is him/herself a U.S. Citizen, and instead of needing to go through a process ("naturalization") to become a U.S. Citizen, he/she may apply for a certificate of citizenship to prove he/she is a citizen. Sometimes there can be complications about the necessary documentary proof for the application process - this is something that an immigration attorney could help you with.
Answered on May 04th, 2012 at 2:09 PM

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