Skip to main content

I am USA citizen i want to transmit USA citizenship to my daughter who lives over see.

Nashville, TN |

i am USA citizen i want to transmit USA citizenship to my daughter who lives over see.my daughter was born two month ago. I was told i have to provided proof of physical presence for five year before my daughter was born.now my question is about the "physical presence in USA requirement ". is that mean i have to prove that i lived in USA " for five years continuously" with out leaving the USA even for single day? i got married 2 years ago my wife lives oversee.

Attorney Answers 3


  1. Your brief and casual departures from the United States will not interrupt your physical presence.


  2. "Brief and casual absence" should not interrupt continuity during the 5 years in question. Don't forget 2 of the years will have to have occurred after your 14th birthday. You should double-check in person with an immigration attorney if you had frequent travels during the period in question.

    This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.


  3. The five years physical presence requirement refers to the years you spent (or did not spend)i in the US during your adolescent years; does not concern itself with the present. You can obtain the documentary proof therefor by retrieving your school records, medical visit, vaccination records, taxes, etc.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Tax law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics