What does "physical presence" mean

Physical presence is counted as the time the parent was actually in the United States. If the parent had a residence in the U.S. but spent most of his/her time traveling or living abroad, only the time actually spent in the U.S. counts as physical presence.

Physical presence need not be continuous. Visits of any length to the U.S. count towards fulfilling physical presence requirements. Any periods spent outside of the U.S., even short vacations, must be accounted for in listing physical presence.

Time when the parent is not present in the U.S. for the following reasons may also be counted as physical presence in the U.S. for the purpose of transmitting U.S. citizenship:

Honorable service in the Armed Forces of the United States;
Employment with the U.S. Government or with certain international organizations;

Residence overseas as a dependent unmarried son or daughter and a member of the household of an employee of the U.S. Government or certain international organizations.

The following documents are NOT considered sufficient proof of Physical Presence in the United States: 1040 Income tax forms without the W-2, Social Security earning statements, driver's licenses, and bank statements. You do not need to be physically present in the United States for a specific amount of time in order to report, file or obtain these documents.

The burden of proof falls upon the applicant and it is not, sometimes, an easy one. It is very important to keep in mind that, if the requirement is five years, bringing documents for only five years will probably not be sufficient, as people tend to leave the U.S. for vacation, business or other events, thus subtracting this period of time from the record.

School records are also a good indicator, as long as we remember that, most of the time, school records will result in credit of only nine months per calendar year toward the residency requirement.

To summarize, applicants should make every effort to bring with them records that prove their physical presence in the United States for as long as he/she may be able to bring, not only the minimal requirement and also as diverse evidence as possible. In that way, the chances of having to return with more evidence are minimized. The process is rather simple, if the parents do their homework and bring with them as much evidence to satisfy the requirements of the law. This will expedite the process, help avoid unnecessary delays, and will result at the end in better customer service for our citizens.