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  #21  
Old 22.09.2011, 10:24
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Re: Reporting Birth Abroad for U.S. please help!!!

As others have said, a HS or college transcript is probably the easiet, as presumably shows you were there 4 years, easily meets the 1 year requirement.

Otherwise, I've heard that payslips, other employment records (pension, etc.), state and federal tax returns, and the annual statement that social security sends have also been used.
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  #22  
Old 22.09.2011, 10:55
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Re: Reporting Birth Abroad for U.S. please help!!!

This is going to sound like a stupid question...

What DID you do to constitute 5 years of presence in the US, 2 of which were after the age of 14? Your existence would be documented somewhere, even as a child, even without a passport. You said it only has to be one year. That doesn't make sense why one year for a single person or 5 for a married person. Regardless. Your presence should be documented somewhere in the US for this. It doesn't have to be a calendar year. It just has to be 12 months. You can even go longer. Breaks are allowed. And believe me... they can see when you left the US and when you returned, unless it was by car or by foot. Even still... a short absence for shopping or vacation isn't going to break your presence in the United States.

If you're really having such a difficult time coming up with documentation for just ONE year of presence in the US, then you may need to accept the fact that you cannot document it, because it does not exist, and therefore you will not be able to pass on Citizenship to your child. There is one thing you have not told us that would really help us to give you ideas. How long did you LIVE in the United States?

Now, this is not all bad. There are positives. Do you really want to set your child up to be double taxed by two countries the way you are?

Note: I just checked the website. It does not say anything about the parents being married. It says for children born to one US Citizen parent and one foreign parent. The US Citizen must have been present for 5 years in the US, and these 5 years do not have to have been consecutive, but 2 of them must have been after the age of 14. Marriage is not in play in this equation. Who is advising you that you have to account for only one year of presence?
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Last edited by KeinFranzösisch; 22.09.2011 at 11:12.
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  #23  
Old 22.09.2011, 14:14
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Re: Reporting Birth Abroad for U.S. please help!!!

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Note: I just checked the website. It does not say anything about the parents being married. It says for children born to one US Citizen parent and one foreign parent. The US Citizen must have been present for 5 years in the US, and these 5 years do not have to have been consecutive, but 2 of them must have been after the age of 14. Marriage is not in play in this equation. Who is advising you that you have to account for only one year of presence?
For children born out of wedlock, different rules apply. The one you quoted was for married couples. Indeed, for out of wedlock children born to US mothers, the 12 months are necessary, see here. http://www.aca.ch/citiztab.pdf
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Old 22.09.2011, 14:41
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Re: Reporting Birth Abroad for U.S. please help!!!

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For children born out of wedlock, different rules apply. The one you quoted was for married couples. Indeed, for out of wedlock children born to US mothers, the 12 months are necessary, see here. http://www.aca.ch/citiztab.pdf

This very governmental piece of information says the same thing that is available on the US Embassy-Bern website.

For children born AFTER November 14, 1986, the US Citizen parent must have had 5 years of presence in the United States. Wedlock/Marriage do not play a factor in the equation.

Here is the law itself. Note that the ONLY time "married" appears is in reference to exemptions to the presence requirement when making reference to being a dependent of a US Citizen serving in the armed forces or in a capacity related to other overseas service.

INA: ACT 301 - NATIONALS AND CITIZENS OF THE UNITED STATES AT BIRTH


Sec. 301. [8 U.S.C. 1401] The following shall be nationals and citizens of the United States at birth:

(a) a person born in the United States, and subject to the jurisdiction thereof;

(b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;

(c) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;

(d) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;

(e) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;

(f) a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States;


--->(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 1 of the International Organizations Immunities Act (59 Stat. 669; 22 U.S.C. 288) by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 1 of the International Organizations Immunities Act, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; and

(h) a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States. 302 persons born in Puerto Rico on or after April 11, 1899
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  #25  
Old 22.09.2011, 14:48
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Re: Reporting Birth Abroad for U.S. please help!!!

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This very governmental piece of information says the same thing that is available on the US Embassy-Bern website.

For children born AFTER November 14, 1986, the US Citizen parent must have had 5 years of presence in the United States. Wedlock/Marriage do not play a factor in the equation.

Section 309(c) INA or 8 U.S.C. 1409 I guess it not official enough for some people.

http://travel.state.gov/law/citizens...ship_5199.html

http://www.uscis.gov/ilink/docView/S...-0-0-9757.html
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  #26  
Old 22.09.2011, 14:56
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Re: Reporting Birth Abroad for U.S. please help!!!

Feel free to quote the whole INA, but please quote the relevent one--309 (c) INA

Sec. 309. [8 U.S.C. 1409]

(c) Notwithstanding the provision of subsection (a) of this section, a person born, after December 23, 1952, outside the United States and out of wedlock shall be held to have acquired at birth the nationality status of his mother, if the mother had the nationality of the United States at the time of such person's birth, and if the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of one year.


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This very governmental piece of information says the same thing that is available on the US Embassy-Bern website.

For children born AFTER November 14, 1986, the US Citizen parent must have had 5 years of presence in the United States. Wedlock/Marriage do not play a factor in the equation.

Here is the law itself. Note that the ONLY time "married" appears is in reference to exemptions to the presence requirement when making reference to being a dependent of a US Citizen serving in the armed forces or in a capacity related to other overseas service.

INA: ACT 301 - NATIONALS AND CITIZENS OF THE UNITED STATES AT BIRTH


Sec. 301. [8 U.S.C. 1401] The following shall be nationals and citizens of the United States at birth:

(a) a person born in the United States, and subject to the jurisdiction thereof;

(b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;

(c) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;

(d) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;

(e) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;

(f) a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States;


--->(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 1 of the International Organizations Immunities Act (59 Stat. 669; 22 U.S.C. 288) by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 1 of the International Organizations Immunities Act, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; and

(h) a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States. 302 persons born in Puerto Rico on or after April 11, 1899
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  #27  
Old 22.09.2011, 15:34
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Re: Reporting Birth Abroad for U.S. please help!!!

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Feel free to quote the whole INA, but please quote the relevent one--309 (c) INA

Sec. 309. [8 U.S.C. 1409]

(c) Notwithstanding the provision of subsection (a) of this section, a person born, after December 23, 1952, outside the United States and out of wedlock shall be held to have acquired at birth the nationality status of his mother, if the mother had the nationality of the United States at the time of such person's birth, and if the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of one year.
So how do you resolve the contradiction between 301(g) and 309(c)? Is it 5 years or 1 year of presence? I found a good answer to this question here: http://www.aca.ch/joomla/images/pdfs/childcit.pdf

The OP can go the 1 year uninterrupted (including never stepping foot outside for shopping or vacation) route via 309c, or the 5 year off-again, on-again route via 301(g). Both are available options, so it seems.
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