Los Angeles, CA asked in Immigration Law for California

Q: Urgent. I have a question about my sons crba interview.

What does this law mean:

For birth on or after November 14, 1986, the U.S. citizen parent must have been physically present in the United States or one of its outlying possessions for five years prior to the person’s birth, at least two of which were after the age of 14.

Does this mean I need to show proof or evidence of presence in the united states 2 years after the age of 14? And also 5 years back after my child birth?

I am 28 and trying to get a crba for my son. I only have proof for 5 years before my childs birthday in physical presence in the united states. I only have the tax transcripts and latest w2. Will it be enough with just that proof? I became us citizen in 2019.

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1 Lawyer Answer

A: You are looking at the rule for determining whether your son became a USC at birth. It doesn't sound like he became a USC at birth because you were not a USC at his birth. You do not state whether his father was a USC on the date of his birth.

You do not state how old your son is, his date of birth, or where he currently resides. If he is a child you may be able to sponsor him for his LPR status now and he will automatically become a USC depending on his age.

The process may be more complicated than you realize. I suggest you at least pay a consultation fee to an experienced immigration attorney who can advise you after you provide more information.

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