Proof of Physical Presence

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 to transmit U.S. citizenship to  your child.

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 in the U.S. 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 or your Social Security statement. 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). Newspaper articles, school yearbooks, family picture albums, vaccination and doctor records, and letters with U.S. postmarks, all can be used to show time in the United States.

Remember: the burden of proof is on you. You must be able demonstrate to the consular officer's satisfaction that you meet the physical presence requirement in order to transmit citizenzenship to your child.

Proof of physical presence is only required of the U.S. citizen parent.