In general, a child born to a U.S. citizen parent or parents is eligible for U.S. Citizenship by way of birth to a U.S. Citizen parent. When such children are born outside of the United States, if some conditions / eligibility criteria are met, the parents may register the birth of child at a U.S. Consulate / Embassy, generally with jurisdiction over place of birth of the child. This process is known as consular report of birth abroad (CRBA) and can be applied at a U.S. consulate when the child is under 18 years. Parents can also apply for the U.S. passport for the child concurrently with CRBA.

Documents Required to Apply for CRBA and U.S. Passport:

The following basic documents are required in support of the application for CRBA and the U.S. passport. It must be noted that to apply for CRBA, the US citizen parent must have been physically present in the United States for a period of five years prior to applying for the registration
• Form DS-2029;
• If only one of the parent is a US citizen, then Form DS-2029 continuation sheet is required;
• Form DS-11 for application of U.S. passport;
• If only one parent is present in India, then a duly completed notarized form DS-3053 needs to be completed by the parent staying outside India;
Though it is advised by the Consulate that it is good to have the forms completed ahead of visiting the consulate, it must be remembered that the forms need to be signed only in the presence of the consular officer.

The above forms need to be submitted along with the original birth certificate of the child; any pre-natal records; evidence of U.S. citizenship of the parent(s); marriage certificate of the parents in original; if either of the parent was married earlier, evidence of termination of marriage needs to be included; if only one of the parent is a US citizen then s/he should also include documents to evidence his/her physical presence in the U.S. for at least five year (two of which should be after the parent’s age of fourteen). The application should include two color passport style photograph of the child (four in case of emergency passport).

Clarification of Physical Presence Requirement For Parent:

It should be understood that the physical presence of five years in the U.S. prior to the birth of the child is applicable only if one of the parent is a U.S. citizen. This requirement is not applicable if both parents are U.S. citizens. Further, the law does not require that the parent must have been present in the U.S. for a period of five years immediately preceding the birth of the child. It is sufficient if the U.S. citizen parent was present in the U.S. for a period of five years at any time prior to the birth of the child and out of the five years two years must have been after the parent’s age of fourteen.

Applicable Fees:

The application fee for consular registration of birth abroad is US$65 and the fee to apply for a US passport is US$85. The total fee is US$150. This fee can be paid by cash in Indian Rupees or US Dollar (or) by demand draft (or) in some cases by US credit card.

Timings for Appointment:

The American Citizen Services Unit (ACS) in New Delhi, Hyderabad, Kolkata and Mumbai accepts applications for Consular Reports of Birth Abroad only by appointment. The ACS in New Delhi schedules appointments only on Tuesdays, Wednesdays and Thursdays at 10:00 a.m. by appointment. The American Citizen Services at Consulate General, Chennai is open Monday through Friday between 9:00 a.m. to 12:30 p.m. except official holidays. In general, a separate appointment may not be required to apply for a U.S. passport. It is recommended that the applicant(s) check with the appropriate consulate before planning an application.

Processing Time:

If all the documents and information are provided, the consular registration of birth may be issued in one working day. Since the U.S. passport needs to be printed in the United States and sent to the respective consulate, the process could take around two to four weeks, unless there is an emergency in which case the process may be expedited.

Conclusion:

Often U.S. citizens are not aware of the fact that their children are eligible for a U.S. citizenship even if the child was born abroad if certain conditions are met. We trust this article would help U.S. citizens understand the procedure and documentary requirements to register the birth of child abroad and to apply for the child’s U.S. passport. Applicants are encouraged to visit the respective consular website for latest information on the process and requirements.