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PDF Editor FAQ

Does the USA have a consolidated record of its citizens? If not, what documents are required to prove the citizenship in the USA other than a passport?

The US does not have a “consolidated” record of all of its citizens. The federal government maintains several different fragmented records of its citizens, in various different departments that are, by law, generally not allowed to share or cross-check those records with one another. There is no central registry of US citizens accessible to the government in general, to say nothing of the general public.That said, a US passport (including an expired passport, but not a cancelled passport or one which bears the endorsement “The bearer is a national of the United States and is not a United States citizen”) is presumptive proof of citizenship; no other document need be presented. The presumption of citizenship created by a passport can be rebutted essentially only by documentary proof that the bearer had subsequently renounced US citizenship, or that the bearer’s passport had been cancelled or revoked; in the absence of such documentation the bearer is presumptively a citizen.There are other documents that create an equal presumption of citizenship, including a Consular Report of Birth Abroad (or any of its predecessor documents), a Certificate of Naturalization, a Certificate of Citizenship, a certified copy of a Congressional private bill (certified in the proper manner as adopted into law) naming that person as a citizen, and a certified copy of a order issued by a federal court naming that person as a citizen. A birth certificate issued by a US state, US territory, or subordinate division of either also creates a nearly-equal presumption of citizenship; the difference is that a birth certificate can also be rebutted by demonstrating that the child’s parents were on the Department of State’s official list of recognized diplomats at the time of the child’s birth. For the vast majority of US citizens, the document that best proves their citizenship is their official birth certificate, which will generally be on file in a vital records repository in the state (or territory) in which they were born. Note that in most states, vital records such as birth certificates are private records and can only be obtained by the named party or by demonstrating a specific legitimate purpose for needing the record.In the absence of a birth certificate, Consular Report of Birth Abroad, Certificate of Naturalization, or Certificate of Citizenship, a person can still prove citizenship through any combination of evidence, including without limitation documentary evidence of any sort as well as testimony, that proves to a preponderance of the evidence that he or she has acquired citizenship in the United States. Both USCIS and the Department of State have guidance as to what they will consider sufficient proof such that they will not contest a person’s claim to be a US citizen; if a person cannot satisfy either of these agencies of their claim to citizenship, that person can still take their case to a US federal court and seek a declaratory judgment and order. The final say on all questions regarding US citizenship rests ultimately with the federal courts.

How much do I need to prove that I can support myself in the US when I win a DV lottery?

There is no fixed amount of money you must have access to, to be a successful DV winner and visa holder. The immigrant should show ownership of property and assets, a job offer in the US, or that the immigrant is already living legally in the United States with a job that pays a sufficient income, in order to overcome the public charge ground of inadmissibility. For example, you may submit:a job offer letter from a US employer, or pay stubs from existing employment in the US.copies of bank statements showing current balance, or preferably a bank statement showing annual deposits and withdrawals as well as current balance, and how the money will be transferred to the US.copies of land deeds or other evidence of real estate ownership, along with any mortgage statements showing the amount of remaining debtcopies of documents showing ownership of insurance policiesevidence of other income, such as from investments or royalties.Having a Sponsor Sign Form I-134 Affidavit of SupportIf the immigrants' sources of financial support are not sufficient on their own, one possibility is to find a US sponsor to fill out an Affidavit of Support on Form I-134, issued by U.S. Citizenship and Immigration Services (USCIS).

I'm interested in getting US Citizenship, but my wife has been married twice and no longer has her divorce records. Do I really need that info on the citizenship application?

Consult with an attorney. Most attorneys have access to public record search services, and for a reasonable fee your attorney should be able to use one of these services to find your wife’s prior divorces, and from there obtain the certified copies of the divorce decrees that you will need to satisfy USCIS. You can also do the research yourself, but the à la carte fee rates for these services are often quite high and it’ll probably prove to be cheaper to do it through an attorney, even with the attorney’s fees stacked on top.It will get more difficult if she was divorced outside the United States, but if she was divorced in the US you can be fairly certain that the facts of those divorces are in public record databases somewhere, waiting to be found by someone who knows how to do such searches.

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