Los Angeles, CA asked in Immigration Law for California

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

I have a son that has one month old and was born in mexico, im trying to register as a citizen(CRBA). I am a US Naturalization. And one of the requirement is this ( Documents to provide proof of father’s presence in the U.S. prior to child's birth (for at least 5 complete years and at least 2 of those, after father turned 14 years old) do they really need a proof after i become 14? And what happen if i do not have proof of that?

I don't get why I need to provide proof of two year physical presence after the age of 14?

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2 Lawyer Answers
Kyndra L Mulder
PREMIUM
Kyndra L Mulder
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: You state that you are a USC by naturalization and the father is also a USC. At least one of you had to have lived in the USA for 5 years and two of those years after your 14th birthday. If one of you does not meet this requirement you child is not a USC by birth. You will need to establish a residence in the USA and sponsor your child.

Anthony Kozycki
Anthony Kozycki
Answered
  • Immigration Law Lawyer
  • Tucker, GA

A: Yes, the laws concerning when a child acquires United States citizenship when born abroad are quite complex and depend on many factors. One of these factors, which applies when the basis of citizenship is linked to a United States citizen father, concerns the length of time he physically resided in the United States. I would recommend contacting a immigration attorney to discuss the specifics of your case. That attorney will need to conduct some targeted research into the specifics of your case to determine eligibility.

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