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Presence Rules for Citizenship via Derivation-FRUSTRATING
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So my dad's a U.S. citizen from birth, and he lived there until he was 9; he then moved to Canada. I was born in Canada. The rules are that he had to be physically present in the U.S. for 5 years, 2 of which have to be after 14 (gotta be the dumbest rule ever). I worked with a lawyer that basically hosed me for my $3k, telling me I had a shot, although she didn't guarantee anything. It would've been nice if she was more honest about my chances.

All I had for evidence of presence was photos spent with family, although it's hard for these photos to prove he was in the U.S. He continued to reside in a border town after moving to Canada, so he probably did satisfy the 2 years of presence just from going to see his aunts and uncles every week as a kid, but it's impossible to prove.

I constructed 2 affidavit documents, one from him and one from his aunt who still resides there, and used that with photos as my evidence at the consulate. Unfortunately they denied me for lack of evidence. It's very frustrating that a case like this can't get approved when there are so many obvious factors pointing towards this being a valid case, even despite tangible evidence. Heck, his whole family still lives over there, and these were much simpler times when you could cross the border without any ID.

Is it worth me trying again with maybe a letter from a priest over there or something? My father's family was religious, perhaps this could work as evidence too. Is it possible that I get a different agent at the consulate my 2nd time around that might be more forgiving? Or am I basically screwed? Thanks!

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10 months ago