CONSULAR REPORTS OF BIRTHS ABROAD – OVERVIEW AND TIPS ON APPLYING AT THE US EMBASSY IN LONDON

Children born in the United States immediately acquire US citizenship at birth, evidenced by their US birth certificate. For children born abroad to American parents, while citizenship is often still conferred automatically, parents will need to go through a process to establish this status for their child.

WHAT IS A CONSULAR REPORT OF BIRTH ABROAD?

A Consular Report of Birth Abroad (also known as a CRBA) is an official document certifying acquisition of US citizenship for a child born outside of the United States. The document provides the same evidence of citizenship as a United States passport, a Certificate of Naturalisation, or a Certificate of Citizenship. A Consular Report of Birth Abroad of a US citizen is only issued to a child who acquired US citizenship at birth and who is generally under the age of 18 at the time of the application. A CRBA is not appropriate for an adopted child, or once a child is over the age of 18. For options in those scenarios, read on to the end of this article.

For children born abroad to US citizen parents (or just one parent), the child may automatically derive US citizenship pursuant to US law (INA Sec. 301(g)); however, you must affirmatively apply for the CRBA and US passport in order to officially document their citizenship status.

WHY DO YOU NEED A CONSULAR REPORT OF BIRTH ABROAD?

Proof of US citizenship is vital for maintaining a number of legal documents, especially a US passport. Other examples where proof of US citizenship may be required included registering to vote, filing petitions for relatives to obtain immigration benefits, or perhaps even obtaining health insurance. Consider it akin to a local birth certificate acquired under special circumstances. If you plan to travel with your child to the United States, he or she must have a US passport to enter and depart the United States, pursuant to US law, even if they hold a valid passport from another country.

WHO QUALIFIES FOR A CONSULAR REPORT OF BIRTH ABROAD?

To qualify for a CRBA, a child must have been born abroad to at least one US citizen parent who maintained sufficient physical presence in the United States prior to the child’s birth. The physical presence requirement for the US citizen parent(s) differs depending on whether the child was born to one or two US citizen parents, and whether the parents were married at the time of the child’s birth or not (in or out of wedlock – yes it’s an antiquated and discriminatory distinction, but one the United States continues to impose in several areas of the law).

In Wedlock

Child born to two US citizens in wedlock

The only requirement is that at least one of the parents resided in the US at some prior time; no specific period of time is required.

Child born to one US citizen and one non-US citizen in wedlock after November 14, 1986

Before the birth of the child, the US citizen parent must have been physically present in the US for five years, at least two of which were after s/he reached age 14. For example, if a US citizen parent lived in the States from birth to age 12, s/he cannot transfer citizenship to a child born abroad, as they would not have 2 years in the United States after the age of 14.

Out of Wedlock

Child born to a US citizen mother out of wedlock

The rules that determine whether a child born out of wedlock outside of the United States derives citizenship at birth from his or her US citizen mother vary depending on when the child was born.

Child Born On or After December 23, 1952 and Before June 12, 2017

A child born between December 23, 1952, and June 12, 2017, who is born out of wedlock outside of the United States and its outlying possessions acquires citizenship at birth if:

• The child’s mother was a US citizen at the time of the child’s birth; and

• The child’s US citizen mother was physically present in the United States or one of its outlying possessions for 1 continuous year prior to the child’s birth.

Child Born On or After June 12, 2017

A child born on or after June 12, 2017, who is born out of wedlock outside of the United States or one of its outlying possessions acquires citizenship at birth if:

• The child’s mother was a US citizen at the time of the child’s birth; and

• The child’s US citizen mother was physically present in the United States or one of its outlying possessions for at least 5 years prior to the child’s birth (at least 2 years of which were after age 14).

Child born to a US citizen father out of wedlock

This scenario is the most difficult to document, unfortunately. In addition to proving that the father resided in the United States for at least 5 years, at least two of which were after s/he reached age 14 (if the child was born on or after November 14, 1986), applicants must also prove the following:

• A blood relationship between the child and the father is established by clear and convincing evidence

• The child’s father was a US citizen at the time of the child’s birth

• The child’s father (unless deceased) has agreed in writing to provide financial support for the child until the child reaches 18 years of age; and

• One of the following criteria is met before the child reaches 18 years of age:

• The child is legitimated under the law of his or her residence or domilcile

• The father acknowledges in writing and under oath the paternity of the child; or

• The paternity of the child is established by adjudication of a competent court.

In cases where the Embassy questions the biological relationship between the US citizen father and the child, the Embassy may require evidence of the relationship between the US citizen father and the mother. If documentary evidence cannot be obtained, a DNA test may be provided as evidence. Sworn statements of the parents, by themselves, will generally not suffice to establish the biological relationship.

HOW TO APPLY IN LONDON

The US Embassy London has extensive information on the CRBA application process and documents needed. They provide a one-page checklist that thoroughly covers all required documents, forms, and fees and walks applicants through the process, step by step.

Gather Documents

• Child’s UK birth certificate: Long form UK birth certificate listing both the child and parents’ information

• Marriage certificate: An original or court certified copy of the marriage certificate issued by the appropriate authorities in the country in which the marriage took place

• Divorce or death certificate: If either parent has been married previously, they should present the original or court certified divorce decree or death certificate for all previous marriages

• Evidence of the parent(s) US citizenship. The US citizen parent(s) must present his/ her US passport. If the US citizen parent was naturalised, the original Certificate of Naturalisation or Citizenship is required

• Proof of Physical Presence in the United States of the US citizen parent(s). The US citizen parent(s) will be asked to present proof of their physical presence in the United States

• Passport/identification document for non-US citizen parent: The non-US citizen parent must bring his/her passport or other government issued photo identification document

• Child’s UK or other foreign passport if they have been issued one

• Passport photograph for the child. One passport sized (2×2 inch) photograph

• Application Fee(s) - $100 for CRBA, $115-145 for passport, depending on age.

Prepare Forms (but do not sign them!)

• Form DS-2029 – Application for Consular Report of Birth Abroad (CRBA)

• Form DS-11 – Application for a Passport

• Form SS-5 – Application for a Social Security Number.

Schedule the Interview

The appointment is scheduled online and is very easy to schedule, cancel, and reschedule. No documents are submitted in advance for review. Everything must be brought with you to the interview. (Residents of Northern Ireland must apply at the US consulate in Belfast. Residents of Scotland must apply at the US Consulate in Edinburgh. There are links on the Embassy website for scheduling at those consulates as well).

Attend the Interview

Both parents and the child, regardless of age, are required to attend the interview in person. If one custodial parent is not able to attend, s/ he must submit a notarised Form DS-3053, Statement of Consent. At the time the DS-3053 form is presented, a copy of the same identity document used to notarise the form must also be provided. Alternatively, the applying parent may furnish one of the following documents:

• Child’s birth certificate listing only applying parent

• Adoption decree (if applying parent is sole adopting parent)

• Court Order granting sole custody to the applying parent (i.e. the absent parent has no access to the child. Child’s travel must not be restricted by that order

• Judicial declaration of incompetence of non- applying parent, or death certificate of non-applying parent.

If the parents were not married at the time of the child’s birth and the US citizen father is not able to attend the appointment, Form DS-5507, Affidavit of Parentage, Physical Presence and Support is required. The form must be completed, signed and notarised, and should be presented along with a copy of the same identity document used to notarise the form.

Documentation Tips

A common question that comes up is how to document that the US citizen parent resided in the United States for the required period of time. Some useful documents to provide include school records or transcripts, tax returns (either filed yourself or wherein you were listed as a derivative), pay stubs, driver’s licenses, marriage certificates, divorce decrees, mortgage statements, leases, car titles, insurance records, just to name a few. As best as possible, fully document the entire year (meaning, just having one utility bill from March 2001 will not suffice to prove physical presence for all of 2001). Please also be aware that there is a difference between being ‘physically present’ in the United States and ‘residing’ in the United States. For example, a person who spends the summer in the US but lives abroad the rest of the year, has been physically present for those months, but has not resided in the US for those years.

NOT ELIGIBLE FOR A CONSULAR REPORT OF BIRTH ABROAD?

Children who acquired US citizenship or US nationality at birth in certain territories of the United States during relevant time periods are not eligible for a Consular Report of Birth Abroad. They are not eligible because such persons are not considered to have been born abroad.

Individuals born in Puerto Rico, US Virgin Islands, American Samoa, Guam, Swains Island, The Panama Canal Zone (before October 1, 1979), The Commonwealth of the Northern Mariana Islands (after January 8, 1978, 8PM EST), and The Philippines (before July 4, 1946), may establish acquisition of US citizenship or non-citizen nationality, based upon the applicable agreement or statute, by producing their birth certificate issued from the local Vital Records Office along with any other evidence required to establish acquisition.

Adopted children are not eligible for a CRBA. To obtain proof of US citizenship for an adopted child who permanently resides abroad, an application must be made to USCIS on form N-600K. Form N-600K may also be used to obtain proof of US citizenship for a biological child who did not derive US citizenship from a parent at birth, but may have derived it later through a parent, or from a grandparent at, or after birth.

For biological or adopted children who did not otherwise derive US citizenship, they may be eligible to later acquire US citizenship after being admitted to the United States as a lawful permanent resident.

OBTAINING PROOF OF US CITIZENSHIP WHEN OVER 18

Individuals born abroad who acquired US citizenship at birth but who are now over the age of 18 (and so not eligible for a CRBA) may apply for a Certificate of Citizenship to document US citizenship using Form N-600, Application for Certificate of Citizenship in the United States, or may apply for a US passport at an embassy abroad.

CONCLUSION

Given the amount of effort that may be required by parents to establish US citizenship status for their children born abroad, American expats may be inclined to delay this process. However, recent tax law changes have now expanded eligibility for the child tax credit and require that the child have been issued a US social security number by the due date of the return where the credit is claimed. Procrastinating on establishing a child’s US citizenship may result in you leaving money on the table from the loss of valuable US tax credits.

Kathleen Irish is Director of Expat Legal Services Group’s immigration practice focused on helping international families with all aspects of the US immigration and naturalisation process.

Expat Legal Services Group offers unique legal services for American expatriates and foreign nationals with financial interests in the United States. Our firm serves the expat community in the areas of international tax, immigration law, and cross-border business and estate planning using a suite of modern technology solutions. Contact Expat Legal Services Group today at info@expatlegal.com or visit the website at www.expatlegal.com.

The choice of an attorney is an important decision and should not be based solely on advertising.

Image: DepositPhotos

Tel:

Email

Content