If you are a U.S. citizen and you have a child while living abroad, you may be worried about whether or not you can still acquire an American birth certificate for a U.S. citizen born abroad. The good news is that children of United States citizens automatically qualify for citizenship even if they are born outside of the U.S. However, there are certain steps you need to take to obtain a U.S. citizen birth certificate for a child born overseas. Here is everything you need to know about getting a birth certificate for a U.S. citizen born abroad and the requirements you must meet.
Who Qualifies as a Child Born Abroad?
If a U.S. citizen has a child outside of the United States, their child gets the benefit of obtaining U.S. citizenship without having to go through the immigration process. However, there are some requirements that must be met for the child to qualify, depending on the situation and the parents.
In the majority of situations, at least one parent needs to have resided in the United States or its territories before the child was born and have a genetic or gestational connection to the child. If the parents are out of wedlock at the time of the child’s birth, there are several more requirements to establish a genetic or gestational connection to the child. There are also time period limitations that dictate citizenship for children born outside of wedlock.
Because there are so many different requirements depending on the situation and the parents, it is essential to hire an immigration attorney for your case. Although children of U.S. citizens can receive citizenship without having to go through immigration, this can still be quite a complex process. An attorney could help you understand if your child qualifies, and if so, can help you prove this so that you can get a birth certificate and U.S. passport for your child who was born abroad.
How to Get a Consular Report of Birth Abroad
U.S. citizen parents have to understand that simply being a U.S. citizen does not automatically grant their child citizenship when they are born abroad. You will still need to go through the legal process to prove that your child qualifies so that they can get all the benefits of being a U.S. citizen. The main way of doing this is to apply for a Consular Report of Birth Abroad, which is available for children under the age of 18.
To qualify for a Consular Report of Birth Abroad or CRBA, your child will have to meet the qualification requirements for children born abroad depending on the specific situation, such as whether the child was born inside or outside of wedlock.
You can apply for a CRBA in person at a U.S. embassy or consulate if you have scheduled an appointment. When you go to the appointment, you need to provide documentation such as:
- The child’s birth certificate, preferably in English.
- Evidence of the parent’s U.S. citizenship and identification.
- Parents’ marriage certificate, if applicable.
- Proof of any previous divorces or separations.
- Proof of the U.S. citizen’s parent’s physical presence or residence in the U.S.
- One passport-style photo of the child.
If the person applying for the CRBA is not the child’s parent, they need to provide proof of legal guardianship or a notarized affidavit from the authorizing parents. You should also be prepared to pay the filing fee for the CRBA.
Alternatives to Filing a Consular Report of Birth Abroad
Although the most common method of obtaining U.S. citizenship for a child born abroad is through a Consular Report of Birth Abroad, there are situations where you may want to use an alternative method. For instance, some parents who are living abroad are not aware that they have to apply for a CRBA in order to obtain U.S. citizenship for their child. If that is the case, the child may later need to go through a different process to obtain citizenship.
Here are the two options that a child can use to get their citizenship recognized if their parents did not go through the process of applying for CRBA:
- U.S. passport: To have your citizenship recognized as a child born abroad, you can go through the process of applying for a U.S. passport. To do this, you need a foreign birth record that shows your parents’ names, your parents’ marriage certificate if you were born in wedlock, evidence of your parents’ U.S. citizenship, and statements from your U.S. citizen parents detailing where and when they lived in the U.S. and abroad before your birth.
- Certificate of citizenship: You can also have your citizenship recognized by submitting form N-600 to obtain a certificate of citizenship. This is a bit more of a labor-intensive process, and it may look a bit different depending on your situation, such as whether or not your parents were married at the time of your birth. The eligibility requirements include being under the age of 18 years old, having at least one parent that is a U.S. citizen by birth or naturalization, and residing in the United States in the custody of a U.S. citizen parent.
Obtaining citizenship as a child born abroad isn’t always as straightforward as it may seem, depending on your particular situation. Because of this, you need to hire an immigration attorney to help you find the best option for achieving citizenship, especially if your parents did not apply for a CRBA. An immigration attorney can also help you with the application or filing process, whether you are applying for a certificate of citizenship or a U.S. passport.
Hire an Immigration Attorney Today
Do you need to get a U.S. passport or an American citizen birth certificate for a child born abroad? Contact us today at U.S. Immigration Law Counsel at 800-666-4996 to speak with an immigration attorney about your situation. We will deal with the government, so you don’t have to!
