CCA Section 322 & physical presence of grandparent USC

[Danka 0]

I am a US citizen by by birth living in the UK and need to file N-600Ks for my children

born in wedlock (British father) in the UK.

My eldest child will "age out" in January 2013 at 18 so this is URGENT!

I didn't apply for CRB when my kids were born because they did not qualify.

The Child Citizenship Act 2000 came into effect after this

& I have only just heard about it!

I have one chance to get the N-600Ks right.

I do not meet physical presence requirement for Section 320 Child Citizenship Act 2000.

(I have about 1 year after age 14 and over 10 years before 14

- I wish someone had told me about transmission requirements!)

My father was a naturalized US citizen. Evidence of his physical presence is hard to find.

My father died 19 years ago in his 80's.

I need indisputable evidence of my father's physical presence because of the risk of age out.

He became a naturalized US Citizens in 1963!

I had been born a couple of years earlier (in wedlock).

This proves that he had a minimum of 30 months physical presence in the US??

(Naturalization requirement. I have his naturalization certificate.)

My father retired at 65 around 1976, so was present in the US to build up the required Social Security credits.

Aside from his SSN and a list of his employment, no paperwork from his employers, no tax returns exist.

The companies he worked for, no longer exist.

I cannot even find an old driver's licence! I do have a hunting & fishing licence.

He voted regularly but I don't know how to prove it.

I have his old passports but, they are not conclusive proof of physical presence.

Does anyone have any advice on how to prove physical presence when evidence is scarce, N-600Ks, Section 322?

I have been reading about this stuff for two days solid & it's driving me nuts!

Thanks,

Danka

[JimVaPhuong 4,863]

Use the information you have to contact a private background check company. They should be able to pull up any public records that exist, such as property taxes, business licenses, insurance claims, etc. That may also uncover other avenues you can investigate, such as loans he may have had or professional organizations he was a member of. For secondary evidence, there are websites that provide access to newspaper archives going back many decades (usually for a small fee). Any article you can find that relates to him could be helpful. For example, see if you can find an article that lists the members of his graduating class by name.

Consulates often state specifically that they won't accept a drivers license as evidence of physical presence. However, consulates are also usually flexible in the sort of evidence they'll consider. Get anything you can get with his name on it that's connected to a location in the United States.

[Nich-Nick 3,354]

You can request Social Security earnings statements which would show the years he earned in the US. Application is here http://www.ssa.gov/online/ssa-7050.pdf

NOTE on page 3

3. A Deceased Person's Earnings

You can request earnings information from the record of a deceased person if you are the legal representative of the estate, a survivor (that is, the spouse, parent, child, divorced spouse of divorced parent), or an individual with a material interest (example-financial) who is an heir at law, next of kin, beneficiary under the will or donee of property of the decedent.

Proof of death must be included with your request. Proof of appointment as representative or proof of your relationship to the deceased must also be included.

You might also browse genealogy websites for tips of how people track down folks. Example city directories as mentioned in the right column here http://search.ancestry.com/search/grouplist.aspx?group=1950census

Large cities have dedicated genealogy libraries. There's an amazing amount of stuff on the Internet for genealogists.

Newspaper archives might have an obituary saying how long he lived in the town or how long he worked for a company.

Edited September 29, 2012 by Nich-Nick

[Ontarkie 14,610]

Duplicate post removed, please keep to one post for the same topic it only helps you and other members having all the replies and questions in one spot. I also moved this post to the US Citizenship General Discussion since it was the one with replies and may get more replies here.

[Danka 0]

Many, many thanks to JimVaPhuong and Super Star Member.

These are brilliant suggestions, but they will take time!

I can start them in the meantime in case of RFE, but I have to file this week.

Because of the age out problem in January, I want them to be able check information as fast as possible.

Most of my on-line searches give little because it's so far back.

Does any one know how USCIS checks physical presence evidence?

I don't want to slow them down.

Do they access Social Security records if presented with a SSN cards?

I have found my dad was a Liquor Permittee (held liquor licence 1968-72)

for 4 years. Would USCIS find that easy to check?

Thank you!

Danka

[Nich-Nick 3,354]

Does any one know how USCIS checks physical presence evidence?

I don't want to slow them down.

Do they access Social Security records if presented with a SSN cards?

I have found my dad was a Liquor Permittee (held liquor licence 1968-72)

for 4 years. Would USCIS find that easy to check?

Thank you!

Danka

I'm not thinking they check/ look up anything. The burden is for you to provide the documented proof from the Social Security Administration, state board that issues liquor permits, census file, county or city records, etc for them to evaluate. They don't do the legwork.

[Danka 0]

I'm not thinking they check/ look up anything. The burden is for you to provide the documented proof from the Social Security Administration, state board that issues liquor permits, census file, county or city records, etc for them to evaluate. They don't do the legwork.

[loveydovey 2]

I'm not thinking they check/ look up anything. The burden is for you to provide the documented proof from the Social Security Administration, state board that issues liquor permits, census file, county or city records, etc for them to evaluate. They don't do the legwork.

thats right. i filed n600k. the proof of my dads physical presence were not enough (mortgages).. i had an infopass, the officer i talked to said submit everything i could... includes:

tax returns/w2

pay stubs

medical records / doctors appointments

copies of pages of passports

rental agreements (if leasing)

utility bulls

drivers license

government issued documents

social security reports

bank statements

credit card statements

school records

will see what happens... ill keep u updated.

goodluck.