QUESTION: I am an 18 year old Canadian citizen, my mother is
American and my father Canadian. My family has just recently
suggested it would be a good idea for me and my brother ( 12
years old ) to get dual citizenship - but everything I've read
says you need to be under 18. Did I lose my chance at getting
dual citizenship on my 18th birthday ? Or is there a chance they
mean 18 and under ? I have lived in B.C my whole life and my
mother has not lived in the U.S since I was born, I know these
things also make my options slimmer. Can you tell me if I still
have a shot at getting dual citizenship ?
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david ingram replies:
this is my second answer to you and I believe the correct one.
If you had phoned, my usual first suggestion is to apply for a
passport. If you get it, there is no problem.
Three readers (out of a likelye 17,000) wrote to suggest that I
had not gone far enough.
In general if your mother had lived in the United States for 5
years including two full years after 14, then you should be a US
citizen automatically according to Section 301 (g) which follows:
=========================================================
INA: ACT 301 - NATIONALS AND CITIZENS OF THE UNITED STATES AT
BIRTH
Sec. 301. [8 U.S.C. 1401] The following shall be nationals and
citizens of the United States at birth:
(a) a person born in the United States, and subject to the
jurisdiction thereof;
(b) a person born in the United States to a member of an Indian,
Eskimo, Aleutian, or other aboriginal tribe: Provided, That the
granting of citizenship under this subsection shall not in any
manner impair or otherwise affect the right of such person to
tribal or other property;
(c) a person born outside of the United States and its outlying
possessions of parents both of whom are citizens of the United
States and one of whom has had a residence in the United States
or one of its outlying possessions, prior to the birth of such
person;
(d) a person born outside of the United States and its outlying
possessions of parents one of whom is a citizen of the United
States who has been physically present in the United States or
one of its outlying possessions for a continuous period of one
year prior to the birth of such person, and the other of whom is
a national, but not a citizen of the United States;
(e) a person born in an outlying possession of the United States
of parents one of whom is a citizen of the United States who has
been physically present in the United States or one of its
outlying possessions for a continuous period of one year at any
time prior to the birth of such person;
(f) a person of unknown parentage found in the United States
while under the age of five years, until shown, prior to his
attaining the age of twenty-one years, not to have been born in
the United States;
(g) a person born outside the geographical limits of the United
States and its outlying possessions of parents one of whom is an
alien, and the other a citizen of the United States who, prior to
the birth of such person, was physically present in the United
States or its outlying possessions for a period or periods
totalling not less than five years, at least two of which were
after attaining the age of fourteen years: Provided, That any
periods of honorable service in the Armed Forces of the United
States, or periods of employment with the United States
Government or with an international organization as that term is
defined in section 1 of the International Organizations
Immunities Act (59 Stat. 669; 22 U.S.C. 288) by such citizen
parent, or any periods during which such citizen parent is
physically present abroad as the dependent unmarried son or
daughter and a member of the household of a person (A) honorably
serving with the Armed Forces of the United States, or (B)
employed by the United States Government or an international
organization as defined in section 1 of the International
Organizations Immunities Act, may be included in order to satisfy
the physical-presence requirement of this paragraph. This proviso
shall be applicable to persons born on or after December 24,
1952, to the same extent as if it had become effective in its
present form on that date; and
(h) a person born before noon (Eastern Standard Time) May 24,
1934, outside the limits and jurisdiction of the United States of
an alien father and a mother who is a citizen of the United
States who, prior to the birth of such person, had resided in the
United States.
302 persons born in Puerto Rico on or after April 11, 1899
================================
The following chart is from my Dec 1995 Newsletter and will show
you the different rules for different days of birth.
For instance, in October 1994, President Clinton signed a bill
which retroactively made the children of US mothers born before
Oct, 1934 automatic US citizens. Of course, everyone who
qualified under this was automatically over 60 years old but I
will bet that I helped over 200 people get their US citizenship
at that time.
Remember, if you claim your US citizenship, you have to file your
US returns for the rest of your life even if you do not live in
the US. Your mother should also be filing her returns now as
well because you will be calling attention to her citizenship.
The following chart will help.
david ingram
US CITIZENSHIP CHART
www.centa.com
NATURALIZATION CHART
For determining whether LEGITIMATE CHILDREN BORN OUTSIDE The U.S.
acquired U.S. citizenship at birth.
PERIOD | PARENTS | RESIDENCE REQUIRED OF:
| | 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
U.S.
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
requirements,
| | 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
U.S.
| | have been
after age 12); or note (2) | organization. This
| | between
12/31/46 and 12/24/52, | exemption is not
applicable
| | parent
needed 10 years physical | if parent
transmitted
| | presence, at
least 5 of which | under *(1) or *(2)
opposite.)
| | 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
presence.
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
1952 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,
108-100 Park Royal South, West Vancouver, BC, CANADA V7T 1A2
www.centa.com PH (604) 980-0321 taxman at centa.com).
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