Fill out Form DS-5507, Affidavit of Physical Presence with Instafill.ai

Form DS-5507 must be completed by the U.S. citizen parent(s) of a child born abroad when they are applying for a Consular Report of Birth Abroad (CRBA) for their child. The form is used to provide evidence of the U.S. citizen parent's physical presence or residence in the United States, which is one of the requirements for transmitting citizenship to a child born overseas.

In Part I of Form DS-5507, the affiant (the U.S. citizen parent completing the form) is required to provide personal information including their full name, date and place of birth, U.S. passport number, periods of physical presence or residence in the United States, and details about their employment or education in the U.S. This part of the form serves to establish the affiant's identity and to document the time they have spent in the United States.

A Consular Officer or Passport Specialist may require additional evidence to support the claims made in Form DS-5507. This evidence could include, but is not limited to, school records, employment records, tax returns, passport entry/exit stamps, and other documents that prove the U.S. citizen parent's physical presence or residence in the United States. The purpose of this additional evidence is to corroborate the information provided in the affidavit and ensure the accuracy of the claim of physical presence or residence.

The purpose of providing physical presence or residence information in Form DS-5507 is to demonstrate that the U.S. citizen parent meets the legal requirements for transmitting U.S. citizenship to their child born abroad. U.S. law requires that a parent must have a certain period of physical presence or residence in the United States prior to the child's birth in order to pass on citizenship. The information on Form DS-5507 is used to verify that the parent has met these requirements.

In the physical presence or residence sections of Form DS-5507, the applicant should include detailed information about their periods of physical presence or residence in the United States. This should include specific dates, locations, and the nature of the residence or presence (e.g., employment, education, military service). The information provided should be accurate and verifiable, as it is used to establish the U.S. citizenship of a child born abroad to a U.S. citizen parent.

Documents that can help demonstrate residence in the United States for Form DS-5507 include tax returns, employment records, school records, military service records, lease agreements, utility bills, and any other official documentation that shows the applicant's presence and residence in the U.S. These documents should correspond to the dates and locations listed in the physical presence or residence sections of the form.

Part II of Form DS-5507 requires the U.S. citizen parent to provide detailed information about their physical presence in the United States prior to the birth of their child. This includes the total number of years and months they have lived in the U.S., as well as a chronological list of all periods of physical presence in the U.S. and abroad. The parent must also indicate if they have ever been married and provide details about their current spouse or any former spouses.

Part II of Form DS-5507 must be signed by the U.S. citizen parent who is attesting to their physical presence or residence in the United States. The signature must be provided in the presence of a consular officer if the affidavit is executed abroad, or in the presence of a notary public if executed within the United States.

The oath in Part III of Form DS-5507 is a sworn statement by the U.S. citizen parent affirming that all the information provided in the form is true and correct to the best of their knowledge and belief. The oath is taken before a consular officer or a notary public, depending on where the affidavit is executed. The parent must sign the oath in the designated area to complete the affidavit process.

The Privacy Act Statement on Form DS-5507 explains how the information provided by the applicant will be used and protected. It typically outlines the authority under which the form is collected, the purpose of the data collection, who will have access to the information, how the information will be used, and whether providing the information is mandatory or voluntary. It also informs the applicant about the consequences of not providing the requested information.

Making false statements on Form DS-5507 can lead to serious consequences. It is a federal offense to willfully provide false or misleading information on this form. Such actions can result in fines, imprisonment, or both under U.S. law, including the provisions of 18 U.S.C. § 1001, 18 U.S.C. § 1542, and/or other applicable statutes. Additionally, providing false information can lead to the denial of the application associated with the form and potentially impact future immigration or citizenship applications.

The estimated time to complete Form DS-5507 is typically provided in the Paperwork Reduction Act Statement section of the form. This statement gives an average time that respondents are expected to need to gather the required information, complete the form, and submit it. The actual time may vary depending on the individual's circumstances.

Form DS-5507, Affidavit of Physical Presence, may be required in addition to Form DS-2029, Application for Consular Report of Birth Abroad of a Citizen of the United States of America, if the consular officer determines that additional evidence of physical presence or residence is necessary. The transmitting U.S. citizen parent may need to complete Form DS-5507 to provide proof of their physical presence or residence in the United States to transmit citizenship to their child born abroad. It is best to check with the relevant consular office or the instructions on Form DS-2029 to determine if Form DS-5507 is mandatory in your specific situation.

The routine uses of the information provided on Form DS-5507 typically include verifying the U.S. citizen parent's physical presence or residence in the United States for the purpose of transmitting citizenship to a child born abroad. The information may be used by the Department of State to determine eligibility for a Consular Report of Birth Abroad, to issue a U.S. passport, and for other citizenship-related purposes. The information may also be shared with other federal agencies as required by law, with foreign governments in the course of issuing a visa or for law enforcement purposes, and with contractors or other entities assisting with the citizenship determination process.

If the requested information on Form DS-5507 is not furnished, it may result in a delay or denial of the child's claim to U.S. citizenship. The information provided on the form is used to establish the physical presence of the U.S. national parent in the United States, which is a requirement for transmitting citizenship to a child born abroad. Failure to provide the necessary information could prevent the Department of State from determining eligibility for U.S. citizenship.

The Department of State collects information on Form DS-5507 under the authority of the Immigration and Nationality Act (INA), as amended, specifically Sections 301 and 309. These sections pertain to the transmission of U.S. citizenship to children born abroad. The form is used to document the physical presence of a U.S. national parent in the United States, which is one of the requirements for a child born abroad to acquire U.S. citizenship at birth.

According to Form DS-5507, a U.S. national father of a child born abroad out of wedlock is required to provide evidence of his physical presence in the United States prior to the child's birth. This is to establish that he meets the physical presence requirement necessary for transmitting U.S. citizenship to the child. Additionally, the father may need to provide evidence of a financial relationship with the child, a written promise of financial support until the child reaches the age of 18, and/or evidence of a blood relationship, depending on the specific circumstances and applicable laws.

Evidence of a biological relationship to a child when completing Form DS-5507 can be provided through various means, such as DNA testing, birth certificates, medical or hospital records indicating the parent's name at the time of the child's birth, or other documentation that establishes the biological connection between the parent and the child. It is important to provide credible and verifiable evidence to support the claim of a biological relationship.

Comments or recommendations for reducing the burden estimate of Form DS-5507 should be sent to the U.S. Department of State, Bureau of Consular Affairs. The specific office or division responsible for the form may be indicated in the form's instructions or on the Department of State's website. Additionally, there may be a notice on the form itself providing an address or email where comments or recommendations can be submitted.

You can download a printable version of Form DS-5507 here.