The CRBA or Consular Report of Birth Abroad is required when a child is born abroad (outside the U.S.) to U.S. Citizen parent/s. The birth must be immediately reported to the nearest American Consulate of Embassy to establish record of the child’s claim to U.S. Citizenship. This is an important application to document the child’s birth and his/her claim to U.S. citizenship.

Only parent/s or the child’s legal guardian may file an application while the child is below 18 years old. When the application is approved, the report can only be prepared at an American Consular abroad.

Procedurally, applications for the CRBA can be made by the person who has a claim to the U.S. citizenship or by a representative in his/her behalf. Such is made at a consular post for registration to establish his claim to U.S. citizenship or to make his residence in the particular consular area a matter of record. The registration form must be executed by the applicant and must submit supporting documents to establish his claim.

Upon application, a designated nationality examiner shall accept, adjudicate, disprove or provisionally approve it. For applications provisionally approved, the consular officer shall review it and issues the report when he is satisfied that the claim of citizenship has been established.

To support this claim of citizenship, the applicant shall be required to submit proof of the child’s birth, identity and citizenship.

As proof of the child’s birth, the following documents must be submitted:
· Record of birth filed with local authorities;
· Baptismal certificate;
· Military hospital baptismal certificate; or
· Affidavit of the doctor or the person attending the birth.
As proof of the child’s citizenship, the following documents must be submitted:
· Evidence of parent/s’ citizenship;
· Evidence of parent/s’ residence and physical presence in the U.S., if pertinent.

In certain instances, the applicant may be required to submit additional documents such as affidavits of paternity and support, divorce decrees from prior marriages, or medical reports of blood compatibility depending on the complexity of your citizenship case. It is important to note that all evidentiary documents should be certified true copies of the originals by the registrar of the office where each document was issued. Once the application is approved, an original Consular Report of Birth is furnished to the parent/s or the legal guardian, as the case may be. This document is proof of U.S. citizenship.

In addition, there are physical presence requirements imposed on the U.S. Citizen parent/s to be able to transmit U.S. citizenship to children born abroad. There are different rules depending on the date of birth of the child. For example, if the child was born between December 24, 1952 and November 14, 1986, then the U.S. citizen parent's must have cumulative physical presence in the U.S. or its outlying possessions for ten years, five after the citizen parent's 14th birthday and before the applicant's birth. If the child was born on or after November 14, 1986, then the U.S. citizen parent's must have cumulative physical presence in the U.S. or its outlying possessions for five years, two after the citizen parent's 14th birthday and before the applicant's birth. If the child was born out of wedlock to a U.S. citizen mother, then the U.S. citizen mother must have continuous physical presence in the U.S. or its outlying possession for one year before the applicant's birth.

Be aware that immigration rules constantly change. You must consult an attorney if you think you may have a claim for U.S. Citizenship.
 

Atty. Michael Templo is an attorney admitted to practice law in New York State and Federal Courts and is a partner at Templo & Templo http://www.templolaw.com with offices in New York, USA and Makati City, Philippines. Atty. Templo specializes in US Immigration matters. Atty. Mike Templo is also a host for the weekly show “Crossing Borders” which airs every Thursday at 10:30PM on ANC and 2:30PM on TFC crossingborderstv.multiply.com. The discussion above is not intended as legal advice, and cannot be relied upon for any purpose without the services of a qualified professional. For your comments and questions, Atty. Templo can be reached at info@templolaw.com or log on to www.templolaw.com.