REGISTERING OVERSEAS BIRTH OF A U.S. CITIZEN
Proof of Physical Presence
Proving Physical Presence in the United States
If only one parent is an American citizen and your child was born before November 14, 1986, the American parent must prove that he or she resided in the United States for a total of 10 years prior to the birth of the child, at least 5 of which after age of 14.
If your child was born after November 14, 1986, the American parent must prove a total of 5 years of physical presence in the United States prior to the birth of the child, at least 2 of which after the age of 14.
If the child was born out of wedlock to a U.S. citizen mother, she must prove continuous 12 months of physical presence in the United States prior to the birth of the child.
What is Physical Presence? Why is it important?
If you are an American citizen, and your child is born overseas, your child can also be an American citizen through you.
You will have to show, however, that you can meet some basic legal requirements. Depending on your situation, you will have to show that you were actually in the United States for enough time to qualify your child for U.S. citizenship.
Physical presence means the actual time you were in the United States. It is an exact accounting. If you were a student in the United States for an academic year, and went abroad for the summer, you have only 9 months of physical presence, not 12. There is no waiver. The only exceptions to being on U.S. soil are if you were in active U.S. military or U.S. Government service, and sent overseas.
How can you show it?
There are several ways to prove your physical presence. Official records from the United States, such as high school diplomas and transcripts, university and advanced degree diplomas and transcripts are very helpful. A simple letter from the school saying you were a student there is usually not enough. Employment records are helpful too. If you have copies of your W2 tax forms from your employer, salary slips, and tax returns, they will help to establish your presence. If your parents could claim you as a dependent on their U.S. tax returns, you can bring their papers.
We are open to creativity (but not fraud). In the past, we have seen newspaper articles, school yearbooks, family picture albums, vaccination and doctor records, and letters with U.S. postmarks used to show time in the United States.
Remember two things, please: 1) it is your job to prove to the consul that you were in the United States long enough. It is not the consul's job to figure your situation out. 2) Each case is decided individually. None of our staff will tell you "all you need to do is bring in some papers and you'll get it." No one can decide your case but the consul, and the consul cannot do it over the phone or by mail.
What if you don't have enough presence?
It does not mean your child cannot travel to the United States. If you can't pass citizenship to your child, we will give you a letter stating that fact, and you can then apply for a tourist visa for the child.
If you are interested in your child becoming a U.S. citizen, the child may qualify for citizenship under the Child Citizenship Act of 2000.