Documentation for U.S. Citizenship of Children Born Abroad
Posted Feb 25, 1999

The Law Office of Sheela Murthy has received several emails on the procedure for a child born abroad to obtain citizenship. Accordingly, we decided to provide an overview of the process here.

As many of you may be aware, children born on U.S. soil are considered U.S. citizens regardless of the legal status of their parents. Children born outside of the United States may obtain U. S. citizenship status at birth if one or both parents are U. S. citizens; however, certain documentary procedures must be followed as provided in the guidelines issued by the State Department.

The birth of a child should be reported as soon as possible in order to establish an official record of the child's claim to U.S. citizenship at birth. This is done by filing a Consular Report of Birth or FS-240, which is a basic United States citizenship document that was revised in a new format in 1990. The Consular Report of Birth can be prepared only at a U.S. overseas consular office for a child under the age of 18 and the original is provided to the parents when the registration is approved by the consulate in the country where the child is born.

The submission of the following documentation is required by U.S. law for filing of the FS-240:

(a) an official record of the child's foreign birth;

(b) evidence of the U.S. citizenship of the parent(s), such as a certified birth certificate, current U.S. passport or a Certificate of Naturalization or Citizenship;

(c) evidence of the parents marriage, if applicable; and

(e) affidavits of the parent(s) residence and physical presence in the U.S. Further evidence or certified documentation may be required in some cases, such as affidavits of paternity and support, divorce decrees from prior marriages or medical reports of blood compatibility, especially in cases where there are factual disputes or reason for the consular officer to suspect fraud.

If an FS-240 is recorded, a Certification of Report of Birth (DS-1350) can be issued in multiple copies with the same information available on the Consular Report of Birth and is acceptable for all legal purposes. The DS-1350 is not issued overseas, but rather by the U.S. Department of State in the U.S. The Consular Report of Birth can be corrected or amended only by written request, and accompanied by certified documentation and the original or replacement FS-240 or a notarized affidavit if the FS-240 is not available.

As you can see, the process certainly appears cumbersome compared to having a child on U.S. soil. Another issue, though not directly related which is often requested of the Law Office of Sheela Murthy in emails, is what immigration benefits, if any, does a U.S. citizen child confer on non-immigrant parents, or parents who may be out of status. Under existing law, such a child can confer immigrant status on the parents only when the child attains the age of 21 years!