Consular record of birth abroad(CRBA), trouble proving physical presence

[yankeelimer 1]

Hi,

I'm the US citizen father of a child born abroad in wedlock to a non-US citizen mother, I have everything I need to apply for my son's CRBA and passport except for being able to prove physical presence in the US through documents.

I am a US citizen by birth inside the US and I applied for my first passport at age 19 and left the US the same year, I met my wife in her country and we got married and then we had our son.

The problem is that I have none of the listed documents to prove presence, from the age of 12 I was a school dropout and spent time homeless and never worked so I have no tax records while I was in the US. I was never arrested, and no other things that would leave a trail. I still have my first passport with the stamp showing the date I first left the US. I had no utility bills or leases or anything. I was living with my parents.

I have been suggested on another site to acquire affidavits from my parents or other relatives who I lived with who know that I was in the US the entire time.

I have contacted the US embassy by email and phone and they simply repeat the website info and can't offer any help, they just repeat again that I will have to prove physical presence by school transcripts or tax records.

I'm currently waiting to receive my son's computer generated birth certificate and then I am going to make an appointment and just go and explain my case and see what is said, but I'd like to go in prepared.

I was just curious if anyone else had personal experience with proving physical presence for a CRBA and how they dealt with the US embassy. I got some good advice on another forum but just wanted to check here.

Thanks-

[Penguin_ie 5,985]

Which country are we talking about?

The reason I am asking is that my husband didn't have anything either, for different reasons- all his highschool records etc were lost in a box he shipped over when he came to live with me in Ireland. But the US embassy in Dublin accepted his explanation and approved us no problem (his heavy Southern accent may have helped!). Are you sure there is no papertrail at all? For example doctor visits, applying for welfare, paying taxes etc?

[yankeelimer 1]

Which country are we talking about?

The reason I am asking is that my husband didn't have anything either, for different reasons- all his highschool records etc were lost in a box he shipped over when he came to live with me in Ireland. But the US embassy in Dublin accepted his explanation and approved us no problem (his heavy Southern accent may have helped!). Are you sure there is no papertrail at all? For example doctor visits, applying for welfare, paying taxes etc?

Trinidad and Tobago, I haven't had any direct experience with the US embassy yet besides phone and email but they do seem VERY hostile compared to other US embassies based on their website.

Requirement to Prove Parent's Prior Physical Presence in the U.S.

If only one of the parents is a U.S. citizen, proof of the parent's prior physical presence in the U.S. must be submitted: The parent must prove at least 5 years of physical presence in the US, at least 2 of which are after the age of 14. The period of physical presence need not be continuous. Presence must be proven with concrete documentary evidence.

Documents that prove physical presence include:

*

Original school transcripts (not diplomas)

*

Original W-2 tax withholding statements (not 1040 forms)

*

Original Social Security statements (order online from www.ssa.gov)

Please click here for additional information on physical presence requirements.

Additional evidence may be requested

After the intial interview, the officer may request additional documents or evidence of child-parent relationship.

After all documents have been accepted and fees have been paid, both parents will return to the Embassy with the child for a second appointment.

Sometimes I think I am stressing out over nothing but I don't know. I thought Trinidad immigration was a pain but the USA seems downright scary, even to the not allowed to bring anything but documents into the embassy thing.

Any doctor visits would be before age 12 and I don't know how I'd get those records, no application for welfare, and while I was in the USA I never worked.

I don't know if it helps but I do have a Texas accent.

[LIFE'SJOURNEY 970]

Trinidad and Tobago, I haven't had any direct experience with the US embassy yet besides phone and email but they do seem VERY hostile compared to other US embassies based on their website.

Sometimes I think I am stressing out over nothing but I don't know. I thought Trinidad immigration was a pain but the USA seems downright scary, even to the not allowed to bring anything but documents into the embassy thing.

Any doctor visits would be before age 12 and I don't know how I'd get those records, no application for welfare, and while I was in the USA I never worked.

I don't know if it helps but I do have a Texas accent.

If you think this will satisfy a court of law, then proceed with it, but I am sure the embassy/consular have told you what would be acceptable for them to validate your claim, without it then you will not have a clear-cut case.

Suggestions, so you lived in the US without any type of paper trail, how did you obtain your US passport and how did you fly back to Trinidad ?

[JimVaPhuong 4,863]

During those years that you were living with your parents, did they claim you as a dependent on their taxes?

[yankeelimer 1]

During those years that you were living with your parents, did they claim you as a dependent on their taxes?

Yes they did.

[yankeelimer 1]

If you think this will satisfy a court of law, then proceed with it, but I am sure the embassy/consular have told you what would be acceptable for them to validate your claim, without it then you will not have a clear-cut case.

Suggestions, so you lived in the US without any type of paper trail, how did you obtain your US passport and how did you fly back to Trinidad ?

I was replying to Penguin's comment about her USC husband having a southern accent, not saying I think a Texas accent is acceptable proof by itself.

I have a US birth cert which I used to obtain the passport, I don't know what you mean by fly back to Trinidad? Trinidad allows a spouse of a citizen to apply for permanent residency without having to leave.

[LIFE'SJOURNEY 970]

I was replying to Penguin's comment about her USC husband having a southern accent, not saying I think a Texas accent is acceptable proof by itself.

I have a US birth cert which I used to obtain the passport, I don't know what you mean by fly back to Trinidad? Trinidad allows a spouse of a citizen to apply for permanent residency without having to leave.

When you left the US, did you have an airline ticket registered in your name?

Are you a US citizen by parents right, or by being born in the US?

Edited June 16, 2011 by LIFE'SJOURNEY

[Darnell 8,478]

Parent's tax returns might be your only paper trail, since you left at age 19.

[yankeelimer 1]

When you left the US, did you have an airline ticket registered in your name?

Are you a US citizen by parents right, or by being born in the US?

Yes I did have a ticket in my name, I think I still have it as I kept it as a souvenir.

I was born inside the US to US citizen parents, sorry I guess I didn't make that clear.

[LIFE'SJOURNEY 970]

Yes I did have a ticket in my name, I think I still have it as I kept it as a souvenir.

I was born inside the US to US citizen parents, sorry I guess I didn't make that clear.

So, now we are getting somewhere, you are a US citizen by parents, born in the US.

Your parents are US citizen, have they lived their entire life in the US?

You have a air-line ticket registered in your name to show when you departed, that date should match up with the passport stamp in your passport. That would be if US needed passport to enter Trin, at that time.

Did your parents file taxes, and did they claim you on any of their taxes.

When did you obtain your SS card?

When was the last time you attended any schooling in the US, even for a year or month?

You are probably in the social service system as well too. paper trail, paper trail

No one is invisible in the US, we want to think we are, but someone has some type paper on you.

Edited June 16, 2011 by LIFE'SJOURNEY

[yankeelimer 1]

So, now we are getting somewhere, you are a US citizen by parents, born in the US.

Your parents are US citizen, have they lived their entire life in the US?

You have a air-line ticket registered in your name to show when you departed, that date should match up with the passport stamp in your passport. That would be if US needed passport to enter Trin, at that time.

Did your parents file taxes, and did they claim you on any of their taxes.

When did you obtain your SS card?

When was the last time you attended any schooling in the US, even for a year or month?

You are probably in the social service system as well too. paper trail, paper trail

No one is invisible in the US, we want to think we are, but someone has some type paper on you.

Yes my parents are US citizens, I know my father was in the military when he was very young and has traveled but other than that he has been resident in the US his whole life. The same for my mother.

Yes to the airline ticket and passport stamps, and yea you did need a passport to enter. It was also the first passport I ever had and the only stamps and visas are from Trinidad.

Yea my parents did claim me as a dependent for several years up until I left.

I got a replacement SS card shortly before leaving just so I would have it.

I last attended public middle school, not sure on the exact date but it would have been around age 12. I don't know how to acquire these records, but I can check into it.

[fazmo 24]

This does not directly answer your question but did you know that if you apply an immigrant visa for your child, he will automatically become a US citizen upon entry to the US? If I were you, I would not go through all the hassles of chasing paper trails (if they stand less chance of being accepted) and just file an I-130 for the child. Once he is here, you can apply for his certificate of citizenship and passport.

[yankeelimer 1]

This does not directly answer your question but did you know that if you apply an immigrant visa for your child, he will automatically become a US citizen upon entry to the US? If I were you, I would not go through all the hassles of chasing paper trails (if they stand less chance of being accepted) and just file an I-130 for the child. Once he is here, you can apply for his certificate of citizenship and passport.

I am aware of it but I'd really prefer the CRBA as it would mean my son is a natural born citizen. Of course if I can't get it I'll have to go that method, but I at least want to give it my best try. Yea for someone going through naturalization himself it might seem to be a silly way to think, but I feel my son deserves it.

I don't know if I mentioned it but I have not had an appointment yet, I am waiting for the computer generated Trinidad birth certificate. I saw that the original one with apostille stamp is only for infants under 3 months. I just wanted to be prepared as well as possible, I can only go in with what I can gather and explain my case and see what the result is.

[Casprd 167]

Yes they did.

there you go then. presumably you had a social security number at the time so you should be able to use copies of their tax records for the years in question.