Eligibility for a CRBA

A U.S. citizen can transmit U.S. citizenship to a to a child born overseas if they meet the conditions laid out under the Immigration and Nationality Act. The information below is intended for use only as a general reference guide. Final adjudication authority rests with the consular officer. Sufficient documentation should be submitted which adequately demonstrates that the required periods of time have been met.

At least one parent must have held residence in the U.S. or its possessions for any length of time.

Proof of Residence may include a U.S. drivers license, U.S. marriage certificate, or documents which are considered evidence of physical presence listed below.

(This is only for children born on or after January 13, 1941.)

The U.S. citizen parent must have had physical presence in the U.S. or its possessions for at least five years, two of which must be after the age of 14.

(This is only for children born on or after November 14, 1986.)

The mother must have had physical presence in the U.S. or its possessions for one continuous year.

(This is only for children born on or after December 24, 1952.)

The mother must have had physical presence in the U.S. or its possessions for at least five years, two of which must be after the age of 14.

A person born abroad out-of-wedlock to a U.S. citizen father and a non-U.S. citizen mother may acquire U.S. citizenship if:

  1. A blood relationship between the person and the father is established by clear and convincing evidence.
  2. The father (unless deceased) has agreed in writing to provide financial support for the person until he or she reaches the age of 18 years; and
  3. While the person is under the age of 18 years:
    • the person is legitimated under the law of his/her residence or domicile, or
    • the father acknowledges paternity of the person in writing under oath, or
    • the paternity of the person is established by adjudication of a competent court.
  4. The U.S. citizen father had physical presence in the United States or one of its outlying possessions for five years prior to the person’s birth, two of which must be after the age of 14.

(This is only for children born on or after November 14, 1986)

Examples of Documentation

Some examples of documentary evidence which may be considered to demonstrate that physical presence requirements have been met may include (but are not limited to) any of the following.

Please also bring black and white photocopies of all original documents, so the officer can return the originals at the end of the interview.

Preferable:

  • Academic transcripts
  • Lifetime earnings statement from the Social Security Administration
  • Records of honorable U.S. military service, employment with U.S. Government or certain intergovernmental international organizations; or as a dependent, unmarried child and member of the household of a parent in such service or employment (except where indicated)
  • Wage and tax statements (W-2 statements preferred)
  • Employment records with actual work location and periods of work listed

Acceptable:

  • Rental receipts showing address and duration of rental
  • Signed employer letter on company letterhead confirming employment at a site in the United States
  • Immunization records
  • U.S. passport stamps may be considered a part of the evidence submitted, but should not be the sole documentary evidence.
  • Driver’s licenses do not constitute evidence of physical presence, but can show residence.
  • A Consular Report of Birth Abroad (CRBA) issued to another child may be considered as supplemental evidence.

It is up to the consular officer to determine if the evidence presented fulfills the requirements for residency.