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Citizen
Parent(s)
Citizenship
Concerns
- A child
born abroad to two U.S. citizen parents in wedlock acquires
U.S. citizenship at birth, provided that one of the parents resided
in the U.S. prior to the child's birth. No specific period of
time for such residence is required.
- A child
born abroad to one U.S. citizen parent and one alien parent in
wedlock acquires U.S. citizenship at birth, provided the citizen
parent was physically present in the U.S. for the time period
required by the law.
For a child
born abroad to a U.S. citizen out of wedlock (or more specifics
on the above situations), click
here.
Reporting
the Birth to Establish Citizenship
The birth
of a child abroad to a U.S. citizen parent(s) should be reported
as soon as possible to the nearest U.S.
embassy or consulate
to establish an official record of the child's claim to U.S. citizenship
at birth. The official record is a Consular Report of Birth of
a Citizen of the United States of America, or Form FS-240. This
document, known as the Consular Report of Birth Abroad, is a basic
United States citizenship document. An original FS-240 is furnished
to the parents at the time the registration is approved. A Consular
Report of Birth can be prepared only at a U.S. embassy or consulate.
It cannot be prepared if the child has been brought back into
the United States (although a different document may be requested
- see the next two paragraphs), or, if the child is 18 years of
age or older at the time the application is made. For more information,
see Documentation
of U.S. Citizens Born Abroad Who Acquire Citizenship at Birth.
If the child
returns to the U.S. without a Form FS-240 being filed, an application
may be made for a Certificate of Citizenship. Obtaining this certificate
involves presentation of basically the same documentation required
to obtain a Consular Report of Birth. Under law, the Consular
Report of Birth and the Certificate of Citizenship are equally
acceptable as proof of citizenship. File Form
N-600 (Application for Certificate of Citizenship) with your
nearest
USCIS office.
A U.S. passport
is also proof of citizenship. Click
here for a list of the documentation needed to obtain a U.S.
passport -- you will need to apply in person to the nearest U.S.
passport
agency.
For additional
information, see the State
Department's website for American citizen's abroad, and, if
you are outside the U.S., contact your
nearest U.S. Embassy or Consulate.
Legal
Permanent Resident Parents
A child born
abroad of legal permanent resident parents may enter the U.S. without
a visa provided the child is accompanied by a parent upon that parent's
initial return to the U.S. within two years of the child's birth
with documentation showing the parent-child relationship. If the
child is not brought back to the U.S. when the parents initially
enter the U.S. (following the birth) within this time period, the
child must obtain an immigrant visa to enter the U.S. In this case,
the legal permanent resident parent(s) must file an immigrant visa
petition with the U.S. Citizenship and Immigration Services (see Bringing
My Children to Live in the U.S.).
If you are currently
outside the U.S., contact the nearest
U.S. Consulate or Embassy
for more information. For advice in the U.S. on your specific situation,
call the Office of Overseas Citizens Services at 202-647-5226, or
the Visa Services office at 202-663-1225. You may also contact your
nearest
USCIS office, or the USCIS toll-free information service
at 1-800-375-5283. If you would like to apply for an immigrant visa
for your child, see Bringing
My Children to Live in the U.S.
Requesting
a Copy of a Consular Report of Birth
If you were
born in a foreign country to a U.S. citizen parent or parents, and
your parent registered your birth at a U.S. embassy or consulate
in the form of a Consular Report of Birth (Form FS-240), and you
would like evidence of your birth and United States citizenship,
you should submit a written request which includes the following
five items:
- Your full
name at birth, and date and country of birth.
- Parents'
full names, including mother's maiden name, and their dates and
places of birth and nationality.
- A daytime
telephone number.
- You or your
parents' signature. A legal guardian's signature is acceptable
only when accompanied by a certified copy of the guardianship
papers or court order of adoption.
- A $40 fee
per document. (Check or money order made payable to the Department
of State.)
All requests
should be mailed to:
Passport
Services
Correspondence Branch
Suite 510
1111 19th Street NW
Washington, DC 20522-1705
For more
information on requesting Consular Reports of Birth Abroad,
click
here.
Establishing Citizenship
Later
If you were
born in a foreign country to a U.S. citizen parent or parents and
your parent did not register your birth in the form of a Consular
Report of Birth FS-240, you may apply to USCIS
for a Certificate of Citizenship, or to a U.S. passport agency for
a U.S. passport to document your U.S. citizenship.
- If you are
in the U.S. and you would like to apply for a Certificate of Citizenship,
file Form
N-600 (Application for Certificate of Citizenship) with your
nearest
USCIS office. If you would like to apply for a U.S. passport
to establish your citizenship, click
here for a list of the documentation needed -- you will need
to apply in person to the nearest U.S. passport
agency.
The
information provided in this website is not legal advice and should
not be interpreted as legal advice. This website is intended to
provide a basic understanding of this information in summary form.
This information may not be comprehensive, is subject to change,
and may not apply to all individual circumstances. Any information
received here should be confirmed with the appropriate government
agencies or with an attorney, particularly as it relates to your
individual circumstances. Your use of this website indicates your
agreement to be bound by our Terms
of Use.
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