LAW OFFICES OF RICHARD C. HARRIST, PLLC IMMIGRATION LAWYERS
If you give birth to a child inside the United States, the child will receive a birth certificate that is issued by the state where the child is born. Certified birth certificates serve multiple purposes, including providing evidence of U.S. citizenship. Further, birth certificates are also used as part of the documentation required to obtain a passport and other legally significant documents.
However, if you are a U.S. citizen and give birth to a child while outside of the United States, the child will not be issued a birth certificate. Instead, you must follow specific procedures to secure a birth record for your child. This birth record is known as a Consular Report of Birth Abroad. Obtaining a Consular Report of Birth Abroad permits you to ensure your U.S. citizenship is conveyed (or transmitted) to your child who is born abroad.
So long as certain conditions are met, children born outside the United States to a parent or parents who are U.S. citizens are eligible to acquire U.S. citizenship by the nature of their birth.
If you give birth to a U.S. citizen while living abroad, you should promptly report the birth to the closest U.S. embassy or consulate. Rather than being issued by a specific state, a Consular Report of Birth Abroad is issued by the U.S. federal government through the Department of State.
Prior to January 2011, the birth record for U.S. citizens born abroad had a different name depending on the year of birth: either Certification of Birth (Form FS-545) or Certification of Report of Birth (DS-1350). While these documents have been replaced by the modern Consular Report of Birth Abroad (Form FS-240), previously issued Certifications of Birth and Certifications of Report of Birth forms are still effective. Either of these documents may certify U.S. citizenship by birth abroad.
U.S. citizens need a birth record in order to establish eligibility for U.S. citizenship.
If you give birth to a U.S. citizen abroad, you should promptly follow the application process to obtain a Consular Report of Birth Abroad. In general, the Department of State only issues these birth records to children who (1) acquired U.S. citizenship at birth and (2) are under age 18.
Once your U.S. citizen child has a Consular Report of Birth Abroad, they will have the equivalent claim to U.S. citizenship as anyone with a U.S. passport or Certificate of Naturalization. It is important to note that while a Consular Report of Birth Abroad serves as evidence of citizenship and proof of identity, it does not take the same role as a U.S. passport –– it does not authorize international travel.
If your child acquired U.S. citizenship at birth but is already over age 18, they are no longer eligible for a Consular Report of Birth Abroad. Instead, they should apply for a U.S. passport directly from the Department of State or file Form N-600, Application of Certificate of Citizenship with U.S. Citizenship and Immigration Services (“USCIS”).
Few people are permitted to apply for a Consular Report of Birth Abroad on behalf of a child–– only the parents, legal guardians, individuals acting in loco parentis (in place of a parent), or the child may apply for the birth record.
Several requirements must be met before you can apply for a Consular Report of Birth Abroad on behalf of a child.
First, one of the parents must be a U.S. citizen at the time of the child’s birth.
Second, the U.S. citizen parent must have met the minimum physical presence requirement.
Typically, to satisfy this requirement, the U.S. citizen parent must have accumulated five years of physical presence in the United States with at least two years occurring after the parent was fourteen years old.
Third, a biological relationship must be established between the child and the U.S. citizen parent.
Fourth, a legal relationship must be established between the child and the U.S. citizen parent.
Fifth, a variety of evidence must be presented. This evidence should generally be originals or certified copies of the documents. The types of required evidence include:
Sixth, the application for a Consular Report of Birth Abroad must be signed in front of a U.S. consular officer or agent.
If you or your child have lost the Consular Report of Birth Abroad or need to make an amendment, additional copies may be requested at any time.
The Department of State allows only specified parties to amend or replace a Consular Report of Birth Abroad. These specified parties include:
If you are requesting an amendment to a Consular Report of Birth Abroad, you should submit the following:
If you are requesting a replacement Consular Report of Birth Abroad, you should submit the following:
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The Law Office of Richard C. Harrist, PLLC is the lawyer and firm responsible for the content of this website.
Mr. Harrist is licensed to practice law by the State Bar of Texas. His principal office is located in Fort Worth, Texas.
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