Physical Presence Requirements

One of the parents must have had resided in the United States prior to the child’s birth.

The U.S. citizen parent must establish a total of 5 years of physical presence in the U.S. (including 2 years after the age of 14) prior to the child’s birth.*

The U.S. citizen father must establish the blood relationship with clear and convincing evidence, must agree to financially support and acknowledge the child in writing under oath before the child turns 18 (section B of CRBA application), and must establish 5 years of physical presence in the U.S. (including 2 years after the age of 14) prior to the child’s birth.*

Child born on or before June 11, 2017
The U.S. citizen mother must establish one year (365 days) of continuous physical presence in the U.S. prior to the child’s birth.*

Child born on or after June 12, 2017
The U.S. citizen mother must establish 5 years of physical presence in the U.S. (including 2 years after the age of 14) prior to the child’s birth.*

* These requirements apply to most common cases. For details regarding the physical presence requirements and the law applicable to your specific situation, please read more on travel.state.gov.
If you have questions about the contents of this section or related citizenship laws you should contact a private attorney.

 

Examples of Documentation

Some examples of documentary evidence which may be considered to demonstrate that physical presence requirements have been met may include (but are not limited to):

  • Wage and tax statements (W-2)
  • Academic transcripts
  • Employment records
  • Rental receipts
  • Records of honorable U.S. military service, employment with U.S. Government or certain intergovernmental international organizations; or as a dependent, unmarried child and member of the household of a parent in such service or employment (except where indicated).
  • U.S. passport stamps may be considered a part of the evidence submitted, but should not be the sole documentary evidence. Drivers’ licenses do not constitute evidence of physical presence.

If you have other children who have been issued with a Consular Report of Birth Abroad, this may be considered as supplemental evidence.