Can i apply for U.S Passport

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beto_gallegos

New Member
hello guys.
I will explain my case as simple as possible hoping to get help or advice about my situation. I was born in Mexico, I am 26 years old, I came to the United States when I was 21, with a B1-B2 tourist visa. My mom is a US citizen by birth. If my mother asked me for an LPR my process would be more than 20 years to get the green card because I am over 21. Reading and checking pages and more pages I found that I can acquire American citizenship through my mother(acquisition us citizenship). I was born out of wedlock and my mother was present here in the United States before my birth for more than a year. something that at the consulate in mexico never explained to me when I processed my visa explaining that my mother is a citizen x birth. I write this in case someone from this group has gone through this situation or something similar. thanks for any tips or suggestions.
 
Did your mother meet the physical presence requirements in the US to be able to pass on citizenship? (5 years physical presence in the US, of which at least 2 were after age 14)

Are you currently in the US? And if so what status?
 
SusieQQQ said:
Did your mother meet the physical presence requirements in the US to be able to pass on citizenship? (5 years physical presence in the US, of which at least 2 were after age 14)
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I was born out of wedlock to what I have read the physical presence is different. INA 309 (c)
 
Hm, I’d never heard of that before but it seems you’re right (though it’s recently changed to the longer physical presence requirement for babies born since last year). In that case you should gather all the evidence supporting your claim to citizenship and apply for a passport.

(I presume your mother never registered your birth abroad or you wouldn’t have to go through all this.)
 
We never had the proper information and when I processed my visa at the consulate they never told me that I could get citizenship through my mother. and when I got here, they told me that citizenship was only obtained when you were younger than 18. It is very confusing
im looking for. people with this experience or something similar.
Thanks
 
beto_gallegos said:
We never had the proper information and when I processed my visa at the consulate they never told me that I could get citizenship through my mother. and when I got here, they told me that citizenship was only obtained when you were younger than 18. It is very confusing
im looking for. people with this experience or something similar.
Thanks
Click to expand...

Unfortunately if you have no proof of your mother’s meeting the requirements it will probably be very difficult to get it.

The requirement for being younger than 18 is if you are trying to now naturalize based on a parent - you would be trying to argue that you were actually a citizen at birth by meeting the statute you quoted, which is something else entirely.

At this stage I might suggest trying a lawyer who specializes in somewhat complex naturalization/citizenship cases like this (not the usual transmission route, missing documentation).

You didn’t answer the question about status but the implication of your first post (I may have misunderstood) is that you have a 5-year overstay at present if you are not a citizen, which has other consequences too.
 
Based on the information you have provided, you are a US citizen, and you can apply for a US passport. However, to do that you need to provide proof of your mother having been physically present in the US for one continuous year some time in her life before your birth.
 
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