If you’re a U.S. citizen whose child is born abroad, you should report the child’s birth at the nearest U.S. embassy. The U.S. embassy or consulate will issue a Consular Report of Birth Abroad (CRBA).
The CRBA is similar to a birth certificate. It establishes citizenship through the parents and makes obtaining a U.S. passport much easier. However, Americans cannot use the CRBA for regular travel to the United States. All U.S. citizens are required to enter and exit the U.S. using a valid U.S. passport. (You’ll obtain the passport with the CRBA.)
Even if you did not obtain a Consular Report of Birth Abroad immediately after your child’s birth, you may generally apply for one provided that the child continues to be under the age of 18. (Adult children may claim citizenship a different way.)
If a U.S. citizen has a child born in a U.S. territory, that child is already an American citizen and doesn’t need the CRBA. The United States doesn’t only include the fifty states and the District of Columbia. It also includes U.S. territories such as Puerto Rico, Guam, American Samoa, and the U.S. Virgin Islands. Instead of the CRBA, request a birth certificate to establish his or her citizenship.
Requirements to Claim Citizenship through Parents
To prepare for a successful Consular Report of Birth Abroad filing, the State Department provides a checklist to guide you through the process and ensure you have information about the proper documents and fees. Although the checklist is the same regardless of the location, you may want to download it from the U.S. embassy website in your location.
Under current law, you must satisfy multiple conditions to establish a claim to U.S. citizenship for a child born outside of the United States:
– At least one of the parents has to be a U.S. citizen at the time of the child’s birth;
– The child born abroad continues to be under the age of 18;
– The parent has to establish a relationship with the child – either biological or legal (including adoptive parents)
– S. citizen parent must have been physically present in the United States.
The physical presence requirements for the U.S. citizen parent vary significantly based the marriage status and immigration status of the parents. If both parents are citizens and married at the time of the child’s birth, simply establishing previous residence in the U.S. or its outlying possessions is sufficient. However, children born out of wedlock or to just one citizen parent may have additional criteria.
Children born in wedlock with only one U.S. citizen parent, have different physical presence requirements.
– If one parent is a citizen and the other is a U.S. national, the citizen parent must have been physically present in the U.S. or its outlying possessions for a continuous period of one (1) year.
– If one parent is a citizen and the other is a foreign national, the citizen parent must have been physically present in the U.S. or its outlying possessions for five (5) years, at least two (2) of which were after age 14.
Again, the guidelines above describe current law. Children born before November 14, 1986, and children born out of wedlock may have different requirements.
File for a Consular Report of Birth Abroad
Apply for the Consular Report of Birth Abroad through the nearest U.S. embassy or consulate in the country where your child was born. Procedures for each embassy can vary. So check your embassy’s webpage for more specific instructions. Parents must meet many conditions to establish US citizenship for a child born outside the US. In general, you will need to submit the following documents:
– Completed and unsigned Application for Consular Report of Birth Abroad (DS-2029)
– Child’s birth certificate
– Evidence of the parent(s)’ U.S. citizenship and identity (such as a U.S. passport, U.S. passport card, Consular Report of Birth Abroad, Certificate of Naturalization, Certificate of Citizenship, or timely filed U.S. birth certificate)
– Evidence of the U.S. citizen parent(s)’ physical presence or residence in the United States prior to the birth of the child (such as school, employment, tax, bank, and medical records, utility bills, rent receipts, affidavits or other official public documents)
– Parents’ marriage certificate (if any)
– Evidence previous marriages have been terminated (if any)
The U.S. Department of State recommends that you file for the Consular Report of Birth Abroad as soon as possible. Both the U.S. citizen parent(s) and the child have to be present when you apply for the CRBA. If you plan to travel with your child, you need to request the report at least three months in advance of your travel so you have enough time to apply for a U.S. passport for your child.
When one of the parents is not a U.S. citizen, documents required for a CRBA include an affidavit from the U.S. citizen parent explaining they are the biological or adoptive parent and will be in charge of supporting the child as additional documentation.
Special Circumstances
U.S. citizens, including those in same-sex marriages, who have a child abroad through Assisted Reproductive Technology or adoption can also claim U.S. citizenship for their child through the same channels.
However, parents who have utilized in-vitro fertilization, egg/sperm donors or a surrogate, have more complicated situations. Like in other cases of Consular Reports of Birth Abroad, the parents have to establish a relationship with the child. This can get extraordinarily complicated. Please utilize an attorney to help establish citizenship through parents in these cases