OVERVIEW
A child born outside the United States may acquire U.S. citizenship at birth if the child’s parent(s) meet the applicable requirements for transmission of citizenship under the Immigration and Nationality Act Sections 301 or 309 prior to the child’s birth. One such requirement is that at least one parent must be a U.S. citizen as of the date and time of birth. Either parent may apply for a Consular Report of Birth Abroad of a Citizen of the United States of America (CRBA), on behalf of their minor child, to document the child’s U.S. citizenship.
When to Apply: You must submit your child’s CRBA application before his or her 18th birthday. Please note that the CRBA is not a travel document; you may wish to consider applying for the child’s U.S. passport at the same time as the CRBA, and well in advance of any travel to the United States. Under U.S. law U.S. citizens must enter and depart the United States on a U.S. passport, even if they hold another nationality and passport.
Applying for a CRBA is a simple process but does require you to collect and submit some documentation, and then appear with your child in person at the embassy, consulate, or office providing consular services by appointment unless otherwise noted. The CRBA neither serves as, nor is intended to serve as, proof of the identity of the child’s legal parents. In general, the name or names listed on the CRBA are those of the parents, including those through whom the child’s claim to U.S. citizenship is made. The child and both parents must appear in person for the interview.
NOTE: If your child was conceived via assisted reproductive technology (ART)/surrogacy please visit the U.S. Department of State website for more information on what is required.
Referring to this CRBA information video, you can be better prepared for the interview.
ELIGIBILITY REQUIREMENTS FOR CRBA
To transmit U.S. citizenship, at least one parent must have United States citizenship at the time of the child’s birth, and there must be a blood relationship between the child and U.S. citizen parent(s). Further, there must be evidence demonstrating the U.S. citizen parent(s)’ presence in the United States prior to the child’s birth. Many factors must be considered when determining whether your child qualifies for a certificate of birth abroad. CRBA applications can be made at any time before the child’s 18th birthday, but we recommend that parents apply for the CRBA as soon as possible after the child’s birth.
Physical presence is the actual time when the parent was physically present in the United States, not simply holding a status as a resident. This means that any travel outside the United States, including vacations, should be excluded. Physical presence in the United States can be any time before the child’s birth. This can include the time before the U.S. citizen parent was naturalized as a U.S. citizen.
Two U.S. Citizen Parents
One U.S. citizen parent (either mother or father) must demonstrate the he/she was resident in the U.S. at any time prior to the child’s birth.
A U.S. Citizen mother/father and a Non-U.S. Citizen Parent
The U.S. citizen parent must demonstrate at least five years total physical U.S. presence prior to child’s birth with evidence that two of those years occurred after age 14.
DOCUMENTS REQUIRED:
1. Complete (but unsigned) Form DS-2029 (PDF), Application for Consular Report of Birth Abroad.
Be sure to answer all questions accurately, especially section 2j. of page 2. Do not leave any of the items blank. ONLY list periods of time you have been present IN the United States. For example:
Precise Period of Time in United States (section 2j.)
Place (City, State) Date (month-day-year) Date (month-day-year)
Miami, Florida From: 06-24-2010 To: 08-03-2014
Atlanta, Georgia From: 08-04-2014 To: 04-23-2017
Portland, Oregon From: 05-01-2019 To: 07-25-2021
Print the completed Form DS-2029 single-sided only. Please do not sign the CRBA application until instructed to do so by the consular officer.
NOTE: If the U.S. Citizen parent lives in the U.S. and is unable to attend the interview when applying for the child’s CRBA and the U.S. Passport, the mother of the child living in Nepal can apply on behalf of the U.S. citizen parent. In this case, a completed, signed, and original form DS-2029 in front of Notary Public by the U.S. citizen parent in the United States is required. In this case, Section B (if the child was born out of wedlock) and Section C should be completed, signed, and notarized in the U.S. The original document must be presented at the interview.
2. Completed (but unsigned) Application for a U.S. Passport DS-11 form (DS-11) (PDF). The application must be signed in the presence of a consular officer.
NOTE: If a parent is not available to attend the appointment in person, he or she must sign a DS-3053 (PDF) Statement of Consent in front of a notary and the original document must be presented at the interview. You must include a clear photocopy of the front and back of the identification you presented to the notary. The date you sign the form must be the same date that the notary signs the form. This form expires 90 days after the date of notarization.
3. One recent color photograph (2 inches by 2 inches)
In addition to the completed Form DS-2029 and DS-11, you are asked to submit the original and two photocopies of the following documents at your in-person appointment:
4. Child’s Birth Certificate – This document must show the name(s) of the parent or parents. Short-form birth certificates generally are not acceptable for documenting your child as a U.S. citizen. Please bring the child’s original hospital-issued birth certificate (in Nepal, this document oftentimes does not include the child’s name). The child’s original Schedule 20 birth registration certificate is issued by the local registrar office in each ward office in the municipality or in the Village Development Committee.
5. Evidence of U.S. Citizenship and Identity – The U.S. citizen parent or parents must submit proof of U.S. citizenship and identity. An unexpired, full validity U.S. passport is the preferred form of proof of U.S. citizenship and identity. We also accept as proof of U.S. citizenship a U.S. birth certificate, or a Certificate of Naturalization or Certificate of Citizenship issued by the U.S. Department of Homeland Security if you also present a valid U.S. government or U.S. state government-issued photo identification document. Original and two photocopies. (If submitting a U.S. passport, submit two photocopies of the photo/biographical page only instead of copying the entire passport).
6. Passport/Identification Document for Non-U.S. Citizen Parent – A non-U.S. citizen parent must bring his/her/their unexpired foreign passport or other valid government-issued photo identification document. Original and two photocopies. (If submitting a foreign passport, submit two photocopies of the photo/biographical page only instead of copying the entire passport).
7. Parents’ Current Marriage Certificate (If Applicable) – If the marriage certificate is in a language other than English or the local language, you must provide a certified translation. Original and one photocopy of the Certificate.
8. Marriage Dissolution Documentation (If Applicable) – For parents with prior marriages, we require divorce decrees, annulments, or death certificates showing that the marriages have ended, and when they ended. If your document is in a language other than English or the local language, you must provide a certified translation. Original and one photocopy of the divorce decree or death certificate.
9. Proof of U.S. Citizen Parent’s Physical Presence or Residence in the United States before the Child’s Birth–
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- Primary evidence of physical presence in the United States or abroad while employed by the U.S. government or other qualifying organization or as the dependent child of a person so employed includes: Original school transcripts, records of military service (DD-214) showing nature of discharge (if any), Social Security income statements, and employment records. Original and one photocopy.
- Secondary evidence might include: income tax returns filed in the United States, utility bills, medical records, former/current passports with stamps, airline ticket stubs, credit card bills, or notarized affidavits from former/current employers. Original and one photocopy.
10. Affidavit of Physical Presence or Residence, Parentage and Support (If Applicable) – A U.S. citizen father of a child born abroad out of wedlock and/or a non-applying U.S. citizen parent may choose to or be asked by a consular official to complete and submit the DS-5507 Affidavit of Physical Presence or Residence, Parentage and Support (PDF). The form must be signed and notarized by a consular officer or authorized passport acceptance agent in order to be valid for official use, and should be submitted to the embassy, consulate, or office providing consular services where the CRBA application (DS-2029) is submitted, along with a copy of the same government-issued identity document presented to the person who notarizes the form DS-5507. If the U.S. citizen parent who is transmitting citizenship to the child is not present when applying for a CRBA, that parent should complete either Form DS-2029 (PDF) or Form DS-5507 (PDF) as supporting evidence, which can be used to list the periods of time they spent in the United States. The original notarized document and one photocopy of the photo identification document must accompany the DS-2029 with the applying parent.
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- NOTE: Only a U.S. citizen father of a child born abroad out of wedlock must complete the affidavit of paternity and agreement to provide financial support.
Transmitting Citizenship and Demonstrating Physical Presence in the United States
How do I show that I was “physically present” in the United States?
In general, “physical presence” is counted as the time (before the birth of your child) that you were actually physically within the borders of the United States.
- Usually, physical presence does not need to be continuous, and visits of any length to the U.S.A. count towards fulfilling the physical presence requirement;
- Conversely, any travel outside of the United States, including vacations, must be excluded;
- For purposes of transmitting citizenship, it does not matter whether you were in the U.S.A. legally or illegally, or whether you were a U.S. citizen or a visitor to the U.S.A.;
- Time spent overseas for honorable U.S. military service or as the dependent of someone honorably serving in U.S. military often counts, but you will need to provide official records;
- Time spent while employed with the U.S. government or certain international organizations — or as the dependent of someone employed by the U.S. government or certain international organizations — may also count, but you will need to provide official records.
What types of documents may show that I was physically present in the United States?
You are the person who knows what you were doing when you were physically in the United States and may offer any proof you believe shows that you were actually there. You may have documents unique to your case — please feel welcome to provide them. However, some documentation has proven easier for many applicants to obtain, and for consular officers to use:
- Official school transcripts from primary, secondary or university education;
- Wage and tax statements such as W-2 forms, along with a letter from the HR department or company that employed you;
- Current and expired passports with evidence of travel to the United States (but be aware that these must show both entries and exits to the U.S.A. — if you have used different passports to enter and exit the U.S.A., your actual travel dates may be difficult to establish);
- Military records of honorable service such as a Military Statement of Service or DD-214 Separation Statement;
- Prison records;
- Banking or credit card statements that indicate activity at specific U.S. locations (e.g. ATM withdrawals or meals at U.S. restaurants);
- Some medical records provide a record of time in the U.S., but only for the exact dates of treatment;
- U.S. Customs and Border Protection entry and exit records — please go to https://www.cbp.gov/site-policy-notices/foia/faq-foia for CBP’s directions on how to file a FOIA request for their records.
What types of documents DO NOT show that I was physically present in the United States?
- A U.S. driver’s license (does not show exactly when you were present in the U.S.A. or for how long);
- A diploma without relevant school transcripts (because a person may have earned or transferred credits from study abroad);
- A lease or mortgage for a residence (many people maintain residences in numerous countries or property abroad for rental purposes);
- Cell phone records;
- General financial statements that do not show your U.S. location (many people hold bank accounts around the world without actually spending time in those specific countries);
- Social media records that merely mention being in the U.S.A.;
- Income tax forms without pay stubs or W-2s (taxes can be paid from anywhere in the world)
PAYMENT METHODS AND DETAILS
By law, the passport execution and application fees are non-refundable and payable by U.S. credit card, U.S. cash, or Nepalese rupees.
$100 Consular Report of Birth Abroad application fee
$135 passport application fee
We accept US Dollars, Nepali Rupees and U.S. Credit Cards for the payment. Please note that if you are paying in cash, do not mix the two currencies (US Dollars and Nepali rupees) to make the payment.
PROCESSING TIME
Passports are generally ready for pick-up from the Embassy in two weeks. The CRBA certificate is generally ready in the same amount of time, but periodically takes longer.
ON THE DAY OF YOUR APPOINTMENT
For the safety of applicants and Embassy staff, we will be taking measures to limit interaction and the exchange of items whenever possible. For this reason, your interview experience will be different than previous visits. You must follow these rules, as well as all guidance given by Embassy security, at all times.
Please do not show up more than 10 minutes early to your appointment. It is essential that we do not have large groups in our waiting areas, so it is important that everyone arrive according to the appointed time.
We are not able to store any bags or belongings. Cell phones and other electronics are not allowed into the Embassy. You must make arrangements so that you arrive at the Embassy with only your passport and required interview materials, including your photo. If you have electronics, bags and wallets with you, you will not be allowed into the Embassy. The Embassy will not store any personal items on your behalf. Absolutely no exceptions will be made. If you come with any additional items, your appointment will be rescheduled. We thank you for understanding and for following the above guidelines throughout this process.