Understanding Consular Report of Birth Abroad (CRBA)

When a United States citizen gives birth abroad, one of the first things that needs to be done is to complete a Consular Report of Birth Abroad application. 

The application can be filled out at the nearest U.S. Embassy or consulate. Once the application is completed and filed, the embassy or consulate will issue the child a passport and a Certificate of Citizenship. The child will then be registered as a U.S. citizen and is eligible for all the benefits and privileges that come with that status. In some cases, the parent may also need to apply for a registration of foreign birth, called a Consular Report of Birth Abroad document,  in order to obtain a U.S. passport for the child.

What is a Consular Report of Birth Abroad?

A Consular Report of Birth Abroad (CRBA) is a document that serves as proof of U.S. citizenship for children of U.S. citizens who were born outside of the United States and are under 18 years of age. The CRBA can be used to obtain a passport, Social Security number, and other important documents. 

To obtain a CRBA, parents must first establish their child’s citizenship by providing evidence of their own U.S. citizenship and their relationship to the child. They must then submit a completed application and the required fees to the nearest U.S. embassy or consulate. 

Once the application is approved, a consular officer will review the paperwork and schedule an appointment for the parents and child to come in for fingerprinting and photographs.  After the appointment, the CRBA will be issued and mailed to the parents.

What’s Included in a CRBA Application?

The first step in applying for a CRBA is to gather all of the required documents. These include: 

• A completed application form
• Proof of parent’s U.S. citizenship 
• Proof of the child’s identity and relationship to the parent or parents.
• Additional documents may be required depending on the circumstances of the birth. 

Once all of the required documents have been gathered, they should be submitted to the nearest U.S. consulate or embassy with jurisdiction over the place of birth. 

The Consular Officer will review the application and supporting documents and may request additional information if needed. If everything is in order, the Consular Officer will approve the CRBA application.

What to Expect at a Consular Report of Birth Abroad Appointment

CRBA appointments are conducted by U.S. Consular Officers to determine if an applicant meets the requirements for acquiring U.S. citizenship. Parents are strongly encouraged to attend the appointment with their child who is applying for U.S. Citizenship. 

CRBA appointments are conducted in English, and applicants must be able to understand and respond to questions in English without the assistance of an interpreter. Applicants should bring all required documentation to their CRBA appointment. 

The CRBA appointment is the final step in the process of acquiring U.S. citizenship through birth abroad, and successful applicants will be naturalized at a ceremony held shortly after the CRBA appointment. 

It’s important to note that the exact process may vary depending on the country the U.S. embassy is located, so check the U.S. Embassy website for your specific requirements and for what to expect.

What is the CRBA Processing Time?

The typical CRBA processing time is between 6 and 8 weeks. However, some CRBAs may take up to 12 weeks to process. If you have not received your CRBA within 8 weeks, you should contact the U.S. embassy or consulate where you applied for more information. The processing time for CRBAs may vary depending on the country in which you apply. 

If you are concerned about the processing time for your CRBA, you should contact the U.S. embassy or consulate where you applied for more information.

Can I Allow Someone Else to Request my Child’s CRBA Records on My Behalf?

If necessary, you can have someone else request your child’s CRBA. They will need to be a family member or friend of at least five years. Additionally, you will need to provide a written statement that authorizes this person to request your child’s CRBA as well as two photocopies of secondary identification such as your Social Security card or your birth certificate. 

Finally, the person requesting your child’s CRBA will have to write a notarized statement and provide a primary form of identification.

Five Different Birth Abroad Circumstances 

1. Child Born Abroad in Wedlock to Two U.S. Citizens 

Citizenship may be granted to those who were born abroad to two legally married U.S. citizen parents if at least one of the parents had a residence in the United States or one of its outlying possessions prior to the child’s birth. 

In these cases, at least one of the parents must have a genetic or gestational connection to the child. 

In these circumstances, there are two separate requirements that can meet eligibility: 

• The parents are married, are both U.S. citizens, and the child was born abroad, and one of the parents is biologically related to the child

OR

• One of the parents has lived in the United States or its territories for any amount of time before the birth of the child.

For cases where one parent is a U.S. citizen and the other is a U.S. national (someone born in one of the United States’ outlying possessions), the U.S. citizen must have lived in the United States for at least one year before the birth of their child. U.S. nationals are not subject to these requirements. 

2. Child Born Abroad in Wedlock to the U.S. Citizen and a noncitizen 

A person born abroad in wedlock to a U.S. citizen and a noncitizen acquires U.S. citizenship at birth if the U.S. citizen parent has been physically present in the United States or one of its outlying possessions prior to the person’s birth for the period required by the statute in effect when the person was born (INA 301(g), formerly INA 301(a)(7)). 

For children born after 1986:

For children born on or after November 14, 1986, the U.S. citizen parent must have been physically present in the United States or one of its outlying possessions for five years prior to the person’s birth, at least two of which were after the age of 14.

For children born before 1986:

For children born between December 24, 1952 and November 13, 1986, the U.S. citizen parent must have been physically present in the United States or one of its outlying possessions for 10 years prior to the person’s birth, at least five of which were after the age of 14 for their child to acquire U.S. citizenship at birth. 

In these cases, either the U.S. citizen parent or their noncitizen spouse must have a genetic or gestational connection to the child in order for the U.S. parent to transmit U.S. citizenship to the child.

3. Child Born Abroad Out of Wedlock to Two U.S. Citizen Parents 

If the child was born abroad out of wedlock on or after November 14, 1986 to two U.S. citizen parents, and the U.S. citizen father satisfies the criteria of the “new” INA 309(a),  the child will acquire U.S. citizenship if at least one of the parents had a residence in the United States or one of its outlying possessions prior to the person’s birth. 

Alternatively, if the U.S. citizen father does not satisfy the criteria of the  INA 309(a), the child will automatically acquire U.S. citizenship if the U.S. citizen mother does satisfy the requirements for out-of-wedlock births, as described below. 

4. Child Born Abroad Out of Wedlock to a U.S. Citizen Father and a Noncitizen Mother 

If a child was born to a U.S. citizen father and a noncitizen mother out of wedlock, the child may still be transmitted citizenship if they meet the following requirements:

• The father must provide a written statement that they will financially support their child until the child is 18 years old.
• Their father must prove that they were a U.S. citizen during the birth of the child.
• The father must provide evidence that they have a blood relation to the child.

Under these circumstances for gaining citizenship for their child, the father must have been present in the United States for a minimum of five years. For at least two of these five years, the father must have been at least fourteen years old.

Under a new law, if you were born out of wedlock between November 15, 1968 and November 13, 1971, you may also gain U.S. citizenship.

5. Child Born Abroad Out of Wedlock to a U.S. Citizen Mother 

For anyone born abroad before June 11, 2017, citizenship may be gained through their mother if their mother was a U.S. citizen at the time of that person’s birth and living in the United States for a continuous period of one year before the birth of their child.

For those who were born abroad after June 12, 2017, acquiring citizenship through their mother can occur if the mother was a U.S. citizen at the time of their child’s birth and has lived in the United States for five years, with two of those years being after they were 14 years old. This was the U.S. Supreme Court’s decision in Sessions v. Morales-Santana in 2017.

Are There People Born in the U.S. Possessions or Territories Who Are Not Eligible for a Consular Report of Birth Abroad Certificate?

Unfortunately, there are some exceptions for people who qualify for a CRBA. If you were not born in a territory or outlying possession of the United States, then these exceptions will not concern you.

The State Department does not allow application for CRBA if you were born at the indicated times below with the associated location:

• Puerto Rico after April 10, 1899
• American Samoa after February 15, 1900
• U.S. Virgin Islands after January 16, 1917
• Swains Island after March 3, 1925
• The Philippines before July 4, 1946
• Guam after December 23, 1952
• The Commonwealth of the Northern Mariana Islands after 8:00 PM Eastern Standard Time on January 8, 1978
• The Panama Canal Zone before October 1, 1979

Contact an Immigration Attorney Today

If you or your child are applying for citizenship in the United States and need assistance with acquiring your Consular Report of Birth Abroad certificate, you can benefit from the support of an experienced immigration attorney. The legal team at Scott D. Pollock & Associates, P.C. are here to answer questions you may have regarding your eligibility for citizenship. Contact us today by filling out our online contact form.

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