Precise periods of physical presence

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vadim0001

Registered Users (C)
Hi All

I'm a naturalized citizen applying for Consular Report of Birth Abroad for my child. The DS-2029 form requires me to list 'Precise periods of physical presence in the US'. Also, DS-5507 has an item, 'I have been physically present abroad as follows'.

Since I travel a lot, it is quite impossible to reestablish the travel dates, especially that the Homeland Security does not stamp US passports on arrival and I had two passports replaced (full of stamps, huh), anyway.

Would it be acceptable just to say that no folks, I cannot honestly fill in the travel dates? The data seem superfluous as the very fact of my naturalization (my passport, that is) shows that I've passed the five-year residence test long ago.
 
If only one parent is a US citizen, the law requires 5 years of physical presence, not residence. Naturalization with the regular 5 year rule only requires 2.5 years of physical presence.

You'll have to include a note explaining which dates are approximate and which are exact.

In addition, you'll need to provide sufficient proof of being in the US for at least the required 5 years*, like school/university transcripts and documents from your job. However, if the other parent is a US citizen, the length of residence/presence in the US is not important so that would reduce your burden of evidence.

Is the other parent a permanent resident? If yes, there are other options for securing your child's citizenship.

*preferably a bit more than 5 years, because they are very nitpicking and tend to reduce or disregard some years; for example if you showed 4 years of college transcripts where you didn't attend summer classes, they'll only count 8 or 9 months per year unless you can otherwise prove that you were in the US during the summer.
 
Thanks a lot for your detailed reply. Yes, the other parent is a permanent resident. What would be the options that you mentioned?
 
If the mother is a permanent resident, the child can be stamped for an instant green card at the US POE, if the child enters the US before age 2, and is accompanied by a parent on that parent's first trip to the US since the birth (for the father to accompany the baby and get this benefit, I believe the father must have been outside the US at the time of birth).

Then with that GC the child can obtain US citizenship through the Child Citizenship Act by living with the USC parent in the US.

However, citizenship at Birth is preferable, so this is a plan B to pursue only if you can't establish citizenship at birth and get a Consular Report of Birth Abroad.
 
Thanks a lot, that was very helpful. At least, I have plan B )
It never crossed my mind that I should keep air tickets, and since I work for a foreign company, a proof from job would also be problematic.
 
Note that the 5 years of presence in the US can be any time in your life* before the baby's birth, including before your green card. If your green card was employment-based, you probably spent a number of years studying and/or working in the US before the green card.

*except that 2 years must be sometime after your 14th birthday
 
Hello Everyone,

I am married to a US citizen but now we are separated for 6 yrs. We have 11 yrs. old son.. I want to apply for CRBA for our son since he don't do something about it. I was wondering how to fill up the forms regarding this matter. I don't know the precise periods since he goes back and forth here in Philippines before.. I want to know what should I put on that area? Thanks.
 
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