Thank you for your inquiry. Requirements of presence in the United States are just as they sound- Requirements of physical time spent within the confines of the United States.
Proving physical presence often comes down to producing subjective evidence. Certain documents such as proof of schooling in the US, employment in the US , US leases and US based addresses on tax returns are generally considered strong evidence. Affidavits from relatives and/or close friends affirming an indvidual resided in the US at specified addresses are also often considered valuable. I generally recommend accumulating as much evidentiary proof as possible that affirms physical presence in the US, just in case additional documentation is requested.
Please click the link at the very bottom for additional information.
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic or In-Person
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
In order for your child to acquire US citizenship, you must be able to show that you were physically present in the US as a US citizen for at least 5 years, 2 of which are after the age of 14.
You can provide tax returns, lease/or mortgage payments, school records, employment records, tax returns, affidavits from friend, family, neighbors, employers, etc., as proof to establishing the physical presence requirements.
My response to your question does not create an attorney-client relationship, nor is this information to be construed as legal advice. If you would like to have a consultation or require representation, please contact our office directly: (512) 348-7966