Births and Citizenship

Reporting a Birth Abroad

Persons born abroad to a U.S. parent or parents, may have acquired citizenship at birth.  This determination is based upon a variety of facts:  the law in effect at the time of birth, the amount of time the American citizen parent(s) lived in the U.S. prior to the birth of the child, and in some cases the marital status of the biological parents.
To apply for a Consular Report of Birth both* parents must apply in person at the American Consulate General by appointment. The following is required:

*  Both parents should appear in person – if only one parent is present at the time of application, a written statement DS-3053 signed in the presence of a notary must be submitted, in which the absent parent agrees to the issuance of a passport.

**  All documents presented should be in the English language.

The following requirements apply:

• One of the parents must be a U.S. citizen at the time of the child’s birth.
• If both parents are U.S. citizens at the time of the birth, the child is a U.S. citizen, as long as one of the parents has resided in the United States (see below).
• For children born after November 14, 1986 to one U.S. citizen and one alien, the U.S. citizen parent must have been physically present in the United States for a total of 5 years before the child’s birth, two of which must have been after attaining 14 years of age.
• For children born out of wedlock to a U.S. citizen father, the father must formally acknowledge parentage and agree to support the child through age 18 as well as fulfill the U.S. physical presence requirement stated above. Form DS-5507 applies.
• For children born out of wedlock to a U.S. citizen mother, the mother must have been physically present in the United States for a continuous period of one year prior to the child’s birth.
• For children not covered in the above categories, please contact this office or see section on Acquisition of U.S. Citizenship.

Proof of Physical Presence

• What is Physical Presence? Why is it important?

  If you are an American citizen, and your child is born overseas, your child can also be an American citizen, through you.

  You will have to show, however, that you can meet some basic legal requirements. Depending on your situation, you will have to show that you were actually in the United States for enough time to qualify to transmit U.S. citizenship to your child.

  Physical presence means the actual time you were in the United States. It is an exact accounting. If you were a student in the United States for an academic year, and went abroad for the summer, you have only 9 months of physical presence, not 12. There is no waiver. The only exceptions to being on U.S. soil are if you were in active U.S. military or U.S. Government service, and sent overseas.

  How can you show it?

  There are several ways to prove your physical presence. Official records from the United States, such as high school diplomas and transcripts, university and advanced degree diplomas and transcripts are very helpful. A simple letter from the school saying you were a student there is usually not enough. Employment records are helpful too or your Social Security statement. If you have copies of your W2 tax forms from your employer, salary slips, and tax returns, they will help to establish your presence. If your parents could claim you as a dependent on their U.S. tax returns, you can bring their papers.

  We are open to creativity (but not fraud). Newspaper articles, school yearbooks, family picture albums, vaccination and doctor records, and letters with U.S. postmarks, all can be used to show time in the United States.

  Remember:  the burden of proof is on you.  You must be able demonstrate to the consular officer's satisfaction that you meet the physical presence requirement in order to transmit citizenzenship to your child.