Report Birth Abroad
Physical Presence Information Sheet
When only one parent is an American citizen, that parent may transmit U.S. citizenship to his/her child if s/he has met “physical presence” requirements under the applicable law. The Immigration and Nationality Act does not specifically define "physical presence," but the Department of State interprets it as actual bodily presence. Any time spent in the United States or its outlying possessions, even without maintaining a U.S. residence, may be counted toward the required physical presence. Naturalized citizens may count any time they spent in the United States or its outlying possessions both before and after being naturalized, regardless of their status. Even citizens who, prior to lawful entry and naturalization, had spent time in the United States illegally can include that time provided it can be acceptably documented.
Only time actually spent in the United States, in its outlying possessions, the Commonwealth of the Northern Mariana Islands on or after November 3, 1986, or abroad for reasons within the scope of section 301(g) of the Immigration and Nationality Act (INA) may be counted toward the physical presence required to transmit U.S. citizenship.
For children born prior to November 14, 1986, the transmitting parent's physical presence must total 10 years, at least 5 of which were after reaching age 14. For children born on or after November 14, 1986, the transmitting parent must have 5 years' physical presence, at least 2 of which were after age 14. Illustrative examples described below are applicable for the 5-year requirement. In general, however, the same principles apply to the 10-year requirement in effect before November 14, 1986.
If it is not clear that the parent has more than enough physical presence in the United States, it is important to obtain the exact dates of the parent's entries and departure. Expired passports and re-entry permits showing entries into or departures from the United States and other countries, U.S. school and employment records, tax withholding statements (W-2s), pay slips, etc., may serve as primary evidence of physical presence. U.S. Income Tax Returns (Forms 1040) or Social Security Statements on their own are generally not useful. Bank or credit card statements showing regular transactions, and other such documents may be helpful secondary evidence in establishing periods of U.S. physical presence. In some cases, it is could even be important to know the number of hours a parent spent in the United States on a particular day. For example, a U.S.-citizen resident of Mexico or Canada who commuted to the United States each day to work would be credited not with a whole day in the United States but only with the number of hours actually spent in the United States.
The Embassy takes the physical presence legal requirement very seriously and requires satisfactory documentary evidence in support of all physical presence claims.
Note that the required period of physical presence cannot be waived or reduced.
May 2005