Your Immigration Link to the World

Eligibility

Child born abroad to two married U.S. citizen parents:

Child born abroad to a married U.S. citizen and foreign spouse:

Child born abroad to an unmarried U.S. citizen father:

Exception - If the child was 18 on November 14, 1986 and already legitimated then they are only eligible for citizenship through the “old” law which states that prior to the child’s birth the U.S. citizen father must have been physically present in the U.S., a territory or an outlying possession for at least 10 years, five of which were after the age of 14.

Child born abroad to an unmarried U.S. citizen mother:

1. The mother must have been physically present in the U.S. for at least a period of a year prior to the child’s birth; and
2. The child must be the genetic heir of the mother.

Procedure

Obtaining a Consular Report of Birth Abroad:

1. The birth of child abroad to a U.S. citizen parent(s) must be reported to the nearest U.S. consular office to help establish the child’s claim to U.S. citizenship and formally register the child.
2. You must have the Official record of the child’s foreign birth obtained from the proper authority.
3. You must have evidence of the parent(s) U.S. citizenship (birth certificate, U.S. passport, certificate of citizenship, certificate of naturalization).
4. You must have evidence of the parent’s marriage (if applicable).
5. Affidavits evidencing the parent(s) residence and physical presence in the United States.
6. Include any additional documents requested by the consular officer.
7. If the registration is approved then you will receive a Form FS-240, Consular Report of Birth.

Note - This document is considered to be an acceptable proof of U.S. citizenship and can only be conferred by a U.S. consular office abroad while the child is under 18.

Obtaining a Certificate of Citizenship:

1. If the child wants to obtain a Certificate of their Citizenship then they must travel to the United States.
2. The beneficiary (child) must then complete Form N-600K, Application for Certificate of Citizenship and Issuance of Certificate under Section 322.
3. Include the Required Documentation.
4. File the Form N-600 and all required documentation to USCIS.
5. Submit any additional evidence or information requested by USCIS.
6. Attend any interviews requested by USCIS.
7. Await a decision on your case.
   

Related Information

Child Qualifications:

1. You must be unmarried.
2. If you were born out of wedlock then you must be legitimated while under the age of 16 and while in the custody of the legitimating parent to qualify as a child.
3. If you are a stepchild then you must be formally adopted to qualify as a child.

Required Documentation for Certificate of Citizenship:

1. Evidence of Birth - You must include a certified birth certificate or birth record issued by the proper authority of the country of birth.
2. Evidence of Marriage - If applicable, you must include a certified marriage certificate issued by the proper authority of the country of marriage.
3. Evidence of Termination of Marriage - If applicable, you must include the divorce decree, death certificate or annulment document issued by the proper authority of the country of marriage.
4. Evidence of U.S. Citizenship - (a) You must include birth certificates from U.S. states; (b) Copy of Form N-550 (Certificate of Naturalization); (c) Copy of Form N-560 (Certificate if Citizenship); (d) Evidence of Form FS-240, Consular Report of Birth Abroad; (e) A valid passport.

Evidence of Competent Translation:

1. If you submit a document containing foreign language writing then you must include a translation into English.
2. Additionally, the translator must submit a certification of competence in translating from the foreign language into English.
3. The translator must also submit a certification declaring the translation true and accurate.

Evidence of Legitimation:

1. If the child was born out of wedlock then you must include evidence of a legitimation procedure that took place according to the laws of the resident country.
2. You must also include evidence demonstrating that the child was in the legal custody of the legitimating parent during this procedure.

Evidence of Legal Custody:

1. If the child's parents are divorced or separated or if the child was born out of wedlock then you must be able to provide evidence showing that the parent has legal custody.
2.  If the child is adopted then you must be able to provide evidence of legal custody.

Evidence of Permanent Residence:
If the child is claiming citizenship through a naturalized parent then you must include a copy of the permanent resident card or other evidence of permanent resident status.

Evidence of Required Physical Presence:

1. If the child was born on or after November 14, 1986 the U.S. citizen parent must have been physically present in the U.S., a territory or an outlying possession for at least five years, two of which were after turning 14; or
2. If the child was born between December 24, 1952 and November 13, 1986 the U.S. citizen parent must have been physically present in the U.S., a territory or an outlying possession for at least ten years, five of which were after turning 14.

You can demonstrate the Physical Presence requirement via:

1. School, employment or military records.
2. Deeds, mortgages and leases showing residence.
3. Church, union or other organization attestations.
4. U.S. Social Security quarterly reports.
5. Affidavits from third parties not involved in the proceedings who are familiar with your physical presence in the U.S.

Evidence of Adoption:
If the child was adopted then you must include a copy of the final adoption decree.

Photographic Evidence:
You must include two identical color photos of yourself that were taken within 30 days of filing your application.

FAQ's

Q1. What if I happen to lose or damage my Consular Birth Report?
If you so happen to lose your consular report of birth or if it becomes damaged then you must:

Q2. I was born overseas. One of my parents was a U.S. citizen but had never lived in the United States. Could I still derive U.S. citizenship?
In order for you to obtain citizenship your U.S. citizen parent must have fulfilled the residence requirement. There are no exceptions to this requirement but there is a possible work-around. If you can prove that at least one of your U.S. citizen grandparents had fulfilled the residence requirement then you could still be eligible for U.S. citizenship.

Q3. I was born overseas. My parents did not become naturalized U.S. citizens until after I was born. Can I still derive U.S. Citizenship?
If you were under 18 years old, a permanent resident and one of your parents became naturalized after February 27, 2001then you will already have obtained automatic citizenship. If you were under 18 years old, a permanent resident and both your parents, or parent if applicable, became naturalized before February 27, 2001 then you will already have obtained automatic citizenship. However, if you were 18 or older when your parent or parents became naturalized then you will need to apply for naturalization after maintaining permanent residence for five years.   

Q4. I was born and still reside overseas. My birth and U.S. citizenship were registered with the U.S. embassy but now I need evidence of my citizenship. Whom should I contact?
In order to obtain evidence of your citizenship you should contact the Department of State for assistance. Additionally, in this situation you may use your Consular Report of Birth Abroad as your initial evidence of citizenship. Using this proof you should be able to obtain a passport from the U.S. embassy or consulate located in your foreign country of residence. Once you have obtained a passport you can travel to the U.S. to take full advantage of the benefits of U.S. citizenship. In addition to this a U.S. passport is considered evidence of U.S. citizenship.

Q5. I was born overseas but now I reside in the U.S. My birth and U.S. citizenship were registered with the U.S. embassy but now I need evidence of my citizenship. Whom should I contact?
In order to obtain evidence of your citizenship you should file a Form N-600, Application for Certificate of Citizenship with USCIS. On the other hand, however, you may also apply for a passport which serves as evidence of citizenship and a travel permit.

Q6. What exactly are the USCIS translation requirements?
Whenever you provide a foreign language document as evidence you must also include a full English language translation. The translator must certify the translation and provide a certification that their skills are competent.