How to Get Citizenship for Child Born Abroad

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A Guide for Parents and Families With Children Born Outside the US

If you’re wondering how to get citizenship for a child born abroad, the answer depends on several factors, including the citizenship of the child’s parents, their marital status, and the amount of time the U.S. citizen parent lived in the United States before the child’s birth. Under the Immigration and Nationality Act (INA), many children born outside the United States may acquire U.S. citizenship at birth if they meet the applicable legal requirements.

Generally, the rules are:

When both parents are U.S. citizens: The path to acquiring citizenship by descent is typically straightforward. If at least one parent resided in the United States or one of its territories at any point before the child’s birth, the child may qualify for U.S. citizenship at birth.
When only one parent is a U.S. citizen: If the child was born on or after November 14, 1986, the U.S. citizen parent generally must have been physically present in the United States for at least five years before the child’s birth, with at least two of those years occurring after the parent turned 14. If the child was born between December 24, 1952, and November 13, 1986, the physical presence requirement generally increases to 10 years, with at least five years after the parent’s 14th birthday.

Additionally, a child born outside the United States to an unmarried U.S. citizen parent may also qualify for citizenship. Depending on the circumstances, additional legal requirements may apply, particularly when the U.S. citizen parent is the father. These can include establishing paternity, agreeing to provide financial support, and satisfying the applicable physical presence requirements.

Although the legal framework is well established, determining eligibility is not always straightforward. Changes to the law over time, unique family circumstances, and the evidence needed to prove physical presence can all affect the process. Understanding these requirements is the first step toward determining whether a child born abroad may qualify for U.S. citizenship.

Legal Requirements for US Citizenship of Children Born Abroad

Confirming a child’s U.S. citizenship acquired at birth requires thorough documentation and compliance with U.S. immigration laws. Depending on your family’s circumstances, you may need to provide several documents to establish your child’s eligibility.

Consular Report of Birth Abroad (CRBA): A CRBA (Form FS-240) is issued by a U.S. embassy or consulate and serves as official proof that your child acquired U.S. citizenship at birth. Applications generally must be submitted before the child’s 18th birthday.
Proof of the Parent’s U.S. Citizenship: Documents such as a U.S. birth certificate, valid U.S. passport, Certificate of Citizenship, or Certificate of Naturalization may be used to establish the parent’s citizenship.
Evidence of Physical Presence: The U.S. citizen parent may need to provide records demonstrating they satisfied the applicable physical presence requirements before the child’s birth. Examples include school records, employment records, tax returns, military service records, or other official documentation.
Child’s Foreign Birth Certificate: The child’s official birth certificate is typically required to establish the child’s identity, date of birth, and parentage.
Marriage and Family Records: If the parents are married, a marriage certificate is generally required. Divorce decrees, custody orders, or other family law documents may also be necessary depending on the circumstances.
Certificate of Citizenship (Form N-600): In some situations, parents may choose to apply for a Certificate of Citizenship using Form N-600. This may be appropriate when a CRBA is unavailable or when additional proof of citizenship is needed.
Additional Supporting Documents: Certain situations, such as children born to unmarried parents, births involving members of the U.S. Armed Forces, surrogacy, or assisted reproductive technology, may require additional medical, legal, or supporting documentation.

Because documentation requirements vary depending on the facts of each case, carefully reviewing the applicable requirements before submitting an application can help avoid unnecessary delays.

Step-by-Step Application Process for CBRA

Has your child’s eligibility been established? Have the required documentation been gathered? If yes, you can now proceed with the step-by-step application for a Consular Report of Birth Abroad. Below is a general outline of the process for your easy reference:

Complete the CRBA submission: Fill out Form DS-2029 (Application for Consular Report of Birth Abroad), as outlined by your local US Embassy or Consulate, and upload supporting documents.
Pay the fee: The fee for a CRBA is typically $100, as noted on the US Department of State website. This cost is non-refundable, so accuracy in the initial application is crucial.
Attend an embassy or consulate interview: Both parents and the child are generally required to appear in person, although exceptions are sometimes made if one parent cannot attend. During the interview, a consular officer will review your eligibility, confirm documentation, and answer any lingering questions.
Obtain the CRBA approval: If the application is approved, you will receive the Consular Report of Birth Abroad. This legal record is instrumental in proving citizenship and is generally recognized for your child’s lifetime.
Apply for a US Passport and Social Security Number: After receiving the CRBA, applying for a US passport is often the next step. If your child holds another nationality, you may need to consider dual citizenship requirements.

In some situations, a child may not be eligible for a CRBA but may still acquire citizenship later through other pathways. If parents fall short on physical presence requirements or if the child cannot establish lineage, you can explore other possible pathways to citizenship, such as naturalization, once the child has a permanent resident card.

When to Contact an Immigration Lawyer

Determining whether a child born abroad qualifies for U.S. citizenship is not always straightforward. Changes in immigration laws over time, physical presence requirements, family circumstances, and missing documentation can all make the process more complex than it first appears.

You may benefit from speaking with an immigration lawyer if:

You are unsure whether your child qualifies for U.S. citizenship.
Only one parent is a U.S. citizen.
Your family has lived outside the United States for an extended period.
You are having difficulty proving the U.S. citizen parent’s physical presence.
Your child was born to unmarried parents or through adoption, surrogacy, or assisted reproductive technology.
Your Consular Report of Birth Abroad (CRBA) or citizenship application has been delayed, denied, or requires additional evidence.

Seeking legal guidance early can help you understand the applicable requirements, identify potential issues before filing, and ensure your application is supported by the appropriate documentation.

If you have questions about your child’s eligibility or need guidance through the citizenship process, Andrew T. Thomas, Attorneys at Law can help you understand your options and determine the next steps based on your family’s circumstances. Contact us for more information.

Frequently Asked Questions

Is my child automatically a U.S. citizen if they are born abroad?

Not necessarily. A child born outside the United States may acquire U.S. citizenship at birth if they meet the requirements set out in the Immigration and Nationality Act. Eligibility depends on factors such as the citizenship of the parents, the child’s date of birth, the parents’ marital status, and whether the U.S. citizen parent satisfies the applicable physical presence requirements.

What is a Consular Report of Birth Abroad (CRBA)?

A Consular Report of Birth Abroad (CRBA) is an official document issued by a U.S. embassy or consulate that serves as proof that a child acquired U.S. citizenship at birth while born outside the United States. Parents generally must apply for a CRBA before the child turns 18 and provide documentation establishing the child’s eligibility.

What if the U.S. citizen parent does not meet the physical presence requirement?

If the required physical presence requirement has not been met, the child may not automatically acquire U.S. citizenship at birth through that parent. However, depending on the family’s circumstances, other immigration or citizenship options may be available. An immigration attorney can help determine which pathways may apply.

Can my child have dual citizenship?

In many cases, yes. A child born abroad may hold U.S. citizenship and citizenship in another country at the same time if both countries’ laws allow it. Because each country has its own rules regarding dual nationality, parents should understand the legal implications before applying for citizenship or travel documents.

Can I apply for a U.S. passport without first obtaining a CRBA?

In some circumstances, a child who acquired U.S. citizenship at birth may be eligible to apply directly for a U.S. passport. However, many families choose to obtain both a CRBA and a U.S. passport because each serves as valuable evidence of the child’s citizenship. The appropriate approach depends on the specific facts of the case.