US immigration Derivative

My name is  xxxxx xxxxxx. You helped my parents a few years ago
on a US tax issue. My father ( xxxxxx ) thought you might be able
to answer a question I have.
I am appling for my US passport through my mother. On the
application there is a question ; "State the dates that your
mother was phyically in the US before your birth." If she was not
in the US for 10 years before my birth will this prevent my
david ingram replies:
Your question is not about immigration to the US, it is about
obtaining "derivative" US citizenship.
If you are putting an application in based upon your mother's US
citizenship, make sure that she has been filing her US income tax
If you were born before Nov 14, 1986, your mother had to have
lived in the USA for 10 years BEFORE you were born and FIVE of
those years had to be after she had turned 14.
If you were born AFTER Nov 14, 1986 mother had to have lived in
the US for FIVE years BEFORE you were born and TWO of those year
had to have been AFTER  she turned 14.
 The following  poorly formatted  chart will help.  david ingram
acquired U.S. citizenship at birth.
                          |                        | PARENT
or                                     | CHILD
STEP 1              |STEP 2            |STEP 3
| STEP  4

Select                 | Select              | Measure citizen
parent's residence                     | Determine whether child
period in             | applicable        | against the
requirements for the                         | has since lost
which                 | parentage        | period in which child
was born.                          | citizenship. (The child
child was            |                        | (The child
acquired U.S. citizen-                        | lost on the date
it became
born.                  |                        | ship at birth
if, at time of the                              | impossible to
meet the
                          |                        | child's
birth, citizen parent had                           | necessary
                          |                        | met
applicable residence                                   | never
before age 26.)
                          |                        |
requirements.)                                                  |
Prior to               | one parent       | Citizen parent had
resided in the                        | None.
05/24/34             | US citizen        | U.S. (Originally only
fathers could                 |
                          |                        | transmit:
mothers added Oct.94)                  | (see note (5))
On/after             | Both are          | One had resided in the
U.S.                               | None.
05/24/34             | citizens            |

& prior to           | One citizen      | Citizen had resided in
the U.S.                           | 5 year's residence in the
01/13/41             | one alien          |
| U.S. or its outlying

                          | parent.             |
| possessions between ages of

On/after             | One citizen      | Citizen had resided in
U.S. or its                        | 13 and 21. OR. 2 years'
01/13/41             | one alien          | outlying possessions
10 years, at                        | continuous presence in
and prior             | parent.             | least 5 of which
were after age                         | U.S. between ages 14 and
to                       |                        | 16, or if
citizen parent served                             | 28. (NONE, if
at time
12/24/52             |                        | honorably in U.S.
Armed Forces:                       | of child's birth, citizen
                          |                        |(1) between
12/07/41 and 12/31/46                     | parent was employed
                          |                        |(5 of the
required years may                               | by a specified
                          |                        | have been
after age 12); or note (2)                   | organization. This
                          |                        | between
12/31/46 and 12/24/52,                         | exemption is not
                          |                        | parent
needed 10 years physical                        | if parent
                          |                        | presence, at
least 5 of which                             | under *(1) or *(2)
                          |                        | were after
age 14.                                            | Notes (1).
(2). and (4).
                          | Both are          | One had resided
in the U.S. or its                      | None.
                          | US citizens      |outlying
possessions.                                          |
On/after             | Both are          | One had resided in the
U.S. or its                      | None.
12/24/52             | citizen              | outlying
possessions note (3).                            |
& prior to           | One citizen      | Citizen has  been
physically present in                | None.
11/14/86             | one alien          | US or outlying
possessions 10 years,                  |
                          | parent.             | at least 5
which are after age 14 note (3).          |
On/after             | Both are          | One had resided in the
U.S. or its                      | None.
11/14/86             | citizen              | outlying
possessions                                          |
                          | One citizen      | Citizen has been
physically present in I None.     |
                          | one alien          | US or outlying
possessions 5 years,                    |
                          | parent.             | at least 2
which are after age 14 note (3).          |
1. Absence of less than 60 days in the aggregate (total) will not
break continuity of physical presence for this purpose. Honorable
service in US armed forces counts as residence or physical
2. No specific period of residence is required if alien parent
naturalized before child reaches 18 years and child begins to
reside permanently in U.S. prior to 18th birthday.
3. Physical presence abroad of dependent unmarried son or
daughter as member of household of a person serving honorably in
U.S. Armed Forces or employed by U.S. government or international
organization may be counted as physical presence.
4. The retention requirement was repealed by Act of 10/10/78.
Persons who had on
10/10/78 failed to retain are relieved from having to do so.
Those who have previously lost citizenship by a failure to
satisfy retention requirements of the Acts of 1934, 1940, and 195
2 may NOT be reinstated.
5. Until Oct 20, 94, only father could transmit. Changed with
President Clinton signing the Technical Corrections Bill giving
citizenship to children of US citizen mothers.
(Aug 16, 2003 recreated from official US documentation for the
CEN-TA-PEDE. newsletter of the  CEN-TA GROUP,
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