Is my son a US citizen?

[LauraCohen 0]

I'm a US citizen born in the US. I moved to costa rica when i was 8 months old. Later in 2006 at age 25 i moved to united states and lived there until february 2012. I had a permanent job for 6 years in Florida and i have all my paystubs and tax docs. I gave birth to my baby on november 2012 in costa rica. During the 6 years i lived in united states i traveled abroad every year... Some years i just traveled abroad for a weekend. Two days out of 365. Does it mean i cannot apply for the us citizenship of my son?

[Brc 14]

Visit this link for more information. http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter4.html#S-B

It is from the USCIS policy manual.

[LauraCohen 0]

I'm a US citizen born in the US. I moved to costa rica when i was 8 months old. Later in 2006 at age 25 i moved to united states and lived there until february 2012. I had a permanent job for 6 years in Florida and i have all my paystubs and tax docs. I gave birth to my baby on november 2012 in costa rica. During the 6 years i lived in united states i traveled abroad every year... Some years i just traveled abroad for a weekend. Two days out of 365. Does it mean i cannot apply for the us citizenship of my son?

The reason i am asking this is because the law says:

Birth Abroad Out-of-Wedlock to a U.S. Citizen Mother:

A person born abroad out-of-wedlock to a U.S. citizen mother may acquire U.S. citizenship under Section 309© of the INA if the mother was a U.S. citizen at the time of the person’s birth and if the mother was physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the person’s birth. The mother must be genetically related to the person in order to transmit U.S. citizenship.

[Penguin_ie 5,993]

It sounds like you have plenty of continuous presence. It is ok to travel abroad for a short vacation, you were just not allowed to reside abroad.

[aaron2020 11,651]

Your son is a US citizen.

Get tax transcripts from the IRS for proof you met the 5 years residency requirement to transmit US citizenship to your son.

Brief holidays during your time in the US are not a problem.

File a CRBA and get a US passport for your son at the local US Embassy.

[LauraCohen 0]

In my case, single US citizen mother, the requirement is to have been present in the United States for a continuos period of one year.. I have not been present in US for 365 continuos days because i always traveled abroad each year when i was living in united states.Has somebody been in this same situation?

[MIDUVIL 34]

I think that the best is to call USCIS to ask them to clarify everything (if they consider 363 jours as "a continuous period of one year"). I don't have any phone number sorry. But other members will give it to you.

If not you will have to stay 366 days in USA. But i don't know how the baby will enter??