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How do I prove 5 year physical presence in US without primary documents?

Santa Ana, CA |

I am trying to obtain US citizenship for my daughter who is born to me (US Citizen) and a non-Citizen out of wedlock. My family and I currently reside out of the US. I have been a citizen since 1980, but began traveling often to Asia from 1992-2002, and finally moved here in 2003. At my visit, the Consular worker denied my request because she said I did not provide sufficient evidence to prove 5 year physical presence. I showed her my passport and my SSN statement, but was still denied. I was unemployed or self-employed during my stay, so I do not have any tax returns. I attended trade schools, which have since closed down, so I am unable to obtain transcripts. So what documents can I provide to prove my physical presence in US for 5 years? Any advice is greatly appreciated! Thank you

Attorney Answers 3


  1. Any other third party documents showing your presence in the US.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  2. Cases that are factually specific require detailed interview of the client and not simply a message board answer. The reason is that we, the attorneys on the board, are limited to the scope of your life that you've put in your question. Clearly, a few sentences doesn't encompass that entire five year period in which you need to prove presence. I suggest you retain experienced immigration counsel to complete this task and filing.


  3. There are several ways of proving physical presence without primary evidence. Secondary evidence will include declarations from persons who are familiar with the situation, attestations from church officials, proof that the school closed down, utility statements, receipts, rent statements, tickets, etc.

    We have 3 offices over the State of California and an international office in the Philippines. We do 100% Immigration Law, have done nearly 5000 cases and can help you. Should you want an in depth consultation, please schedule one at blerner.checkappointments.com or call 562-495-0554 or e-mail me directly at blerner@californiaimmigration.us

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