SamuelTheKItty
New Member
I am hoping someone can help me determine how strong a case for claiming US Citizenship is.
Based on my review of the relevant statues, I am very confident that my spouse is eligible to claim US Citizenship under INA 309 (c). In order for a claim under these circumstances to be successful, we must prove that the transmitting parent (her mother), was physically present in the USA for one-continuous year any time prior to my spouse's birth. Fortunately, we know her mother spend the first ~six years of her life in the USA. The challenge now is to prove it.
As this period of physical presence was in the 60s, and her mother was a small child, presenting direct evidence of physical presence is a challenge (getting medical records that old is a stretch, she was too young to pay rent, etc.). This being the situation, the case I intend to make relies on direct evidence of her grandmother's physical presence (details of which are below). I am hoping that establishing that a) the grandmother was physically present in the USA and b) the grandmother had custody of her mother, will constitute sufficient evidence to prove the matter. My understanding is that in cases such as these, the standard of proof is the preponderance of the evidence. I think our case satisfies that standard, but I am not a lawyer, nor a consular officer who will adjudicate this case.
Below is a short summary of the case and the evidence we will present. I have replaced the names of the individuals with initials.
Case Summary
In order to establish the eligibility of the claimant, SEB, to US Citizenship under INA 309 (c), circumstantial evidence will be presented that proves the claimant’s mother, SLBG, was physically present in the United States for at least one continuous year prior to the birth of the claimant.
Given the claimant’s mother’s age during this period of physical presence was from the time her birth until approximately age seven, direct evidence regarding SLBG’s physical presence in the United States was not readily available. Therefore, the facts of the case in the paragraph above will be demonstrated by presenting direct evidence of the physical presence in the United States of SLBG’s mother, the claimant’s maternal grandmother, RAG, over a period of time. Given RAG retained custody of SLBG from her birth until approximately 1968, it is reasonable to conclude that RAG’s physical presence in the United States correlated with SLBG’s.
Summary of Evidence
Exhibit A - DGs’ birth certificate, Aug 1963 (DG is a sister of SLBG and will show RAG was physically in the USA on the day of birth)
Exhibit B - Tax Lien signed by RAG in California, Nov 1965 (Certified copy shows RAG was physically present to sign the document)
Exhibit C - KG’ birth certificate, Mar 1966 (KG is a sister of SLBG and will show RAG was physically in the USA on the day of birth)
Exhibit D - Final Judgement of Divorce, Sep 1967 (I am still waiting on this document, but it will show RAG's divorce from the grand-father, and will list the children's names and custody thereof. I suspect it will also be signed by the parties, demonstrating physical presence.)
Exhibit E - Modification of Final Judgement of Divorce, Aug 1968 (similar to above, this document will show a change in custody).
So, what do you think? Have I met, with the evidence presented, my burden of proof? If not, how close am I? How can I improve this case further?
Any help is very much appreciated!
Based on my review of the relevant statues, I am very confident that my spouse is eligible to claim US Citizenship under INA 309 (c). In order for a claim under these circumstances to be successful, we must prove that the transmitting parent (her mother), was physically present in the USA for one-continuous year any time prior to my spouse's birth. Fortunately, we know her mother spend the first ~six years of her life in the USA. The challenge now is to prove it.
As this period of physical presence was in the 60s, and her mother was a small child, presenting direct evidence of physical presence is a challenge (getting medical records that old is a stretch, she was too young to pay rent, etc.). This being the situation, the case I intend to make relies on direct evidence of her grandmother's physical presence (details of which are below). I am hoping that establishing that a) the grandmother was physically present in the USA and b) the grandmother had custody of her mother, will constitute sufficient evidence to prove the matter. My understanding is that in cases such as these, the standard of proof is the preponderance of the evidence. I think our case satisfies that standard, but I am not a lawyer, nor a consular officer who will adjudicate this case.
Below is a short summary of the case and the evidence we will present. I have replaced the names of the individuals with initials.
Case Summary
In order to establish the eligibility of the claimant, SEB, to US Citizenship under INA 309 (c), circumstantial evidence will be presented that proves the claimant’s mother, SLBG, was physically present in the United States for at least one continuous year prior to the birth of the claimant.
Given the claimant’s mother’s age during this period of physical presence was from the time her birth until approximately age seven, direct evidence regarding SLBG’s physical presence in the United States was not readily available. Therefore, the facts of the case in the paragraph above will be demonstrated by presenting direct evidence of the physical presence in the United States of SLBG’s mother, the claimant’s maternal grandmother, RAG, over a period of time. Given RAG retained custody of SLBG from her birth until approximately 1968, it is reasonable to conclude that RAG’s physical presence in the United States correlated with SLBG’s.
Summary of Evidence
Exhibit A - DGs’ birth certificate, Aug 1963 (DG is a sister of SLBG and will show RAG was physically in the USA on the day of birth)
Exhibit B - Tax Lien signed by RAG in California, Nov 1965 (Certified copy shows RAG was physically present to sign the document)
Exhibit C - KG’ birth certificate, Mar 1966 (KG is a sister of SLBG and will show RAG was physically in the USA on the day of birth)
Exhibit D - Final Judgement of Divorce, Sep 1967 (I am still waiting on this document, but it will show RAG's divorce from the grand-father, and will list the children's names and custody thereof. I suspect it will also be signed by the parties, demonstrating physical presence.)
Exhibit E - Modification of Final Judgement of Divorce, Aug 1968 (similar to above, this document will show a change in custody).
So, what do you think? Have I met, with the evidence presented, my burden of proof? If not, how close am I? How can I improve this case further?
Any help is very much appreciated!
