The birth of a child abroad to U.S. citizen parent(s) should be reported as soon as possible to the nearest U.S. Embassy or Consulate for the purpose of establishing an official record of the child’s claim to U.S. citizenship at birth. The official record is in the form of a Consular Report of Birth Abroad of a Citizen of the United States of America. This document, referred to as the CRBA or form DS-2029 which can be loaded at http://www.state.gov/documents/organization/156216.pdf (PDF 52 KB), is considered a basic United States citizenship document. An original DS-2029 is furnished to the parent(s) at the time the registration is approved.
Reporting the Birth
A Consular Report of Birth can be prepared only at an American Consular Office overseas while the child is under the age of 18. Usually, in order to establish the child’s citizenship under the appropriate provisions of U.S. law, the following documents must be submitted:
- an official record of the child’s foreign birth; (e.g. hospital Birth Certificate, Commune Birth Certificate)
- evidence of the parent(s)’ U.S. citizenship (e.g. a certified birth certificate, current U.S. passport, or Certificate of Naturalization or Citizenship)
- evidence of the parents’ marriage, if applicable
- Affidavit of Parentage and Physical Presence (DS-5507)
- A service fee of $100 is prescribed under the provisions of Title 22 of the Code of Federal Regulations, Section 22.1, item 9, for a Consular Report of Birth.
- In certain cases, it may be necessary to submit additional documents, including affidavits of paternity and support, divorce decrees from prior marriages, or medical reports of blood compatibility. All evidentiary documents should be certified as true copies of the originals by the registrar of the office wherein each document was issued.
THIRD PARTY ATTENDANCE AT PASSPORT AND CRBA APPOINTMENT INTERVIEWS
Generally, immediate family members may accompany passport or CRBA applicants to their appointment interviews at a U.S. embassy or consulate, and all minor children must be accompanied by a parent or guardian. Passport or CRBA applicants also have the option of being accompanied by an attorney at their appointment interview. Attendance by any third party, including an attorney, accompanying an applicant is subject to the following parameters designed to ensure an orderly appointment interview process and to maintain the integrity of the adjudication of the application(s):
- Given space limitations in the consular section, not more than one attendee at a time will be allowed to accompany an applicant (or the applicant’s parent or guardian if the applicant is a minor).
- Attendance by an attorney does not excuse the applicant and/or the minor applicant’s parent or guardian from attending the appointment interview in person.
- The manner in which a passport or CRBA appointment interview is conducted, and the scope and nature of the inquiry, shall at all times be at the discretion of the consular officer, following applicable Departmental guidance.
- It is expected that attorneys will provide their clients with relevant legal advice prior to, rather than at, the appointment interview, and will advise their clients prior to the appointment interview that the client will participate in the appointment interview with minimal assistance.
- Attorneys may not engage in any form of legal argumentation during the appointment interview and before the consular officer.
- Attendees other than a parent or guardian accompanying a minor child may not answer a consular officer’s question on behalf or in lieu of an applicant, nor may they summarize, correct, or attempt to clarify an applicant’s response, or interrupt or interfere with an applicant’s responses to a consular officer’s questions.
- To the extent that an applicant does not understand a question, s/he should seek clarification from the consular officer directly.
- The consular officer has sole discretion to determine the appropriate language(s) for communication with the applicant, based on the facility of both officer and applicant and the manner and form that best facilitate communication between the consular officer and the applicant. Attendees may not demand that communications take place in a particular language solely for the benefit of the attendee. Nor may attendees object to or insist on the participation of an interpreter in the appointment interview, to the qualifications of any interpreter, or to the manner or substance of any translation.
- No attendee may coach or instruct applicants as to how to answer a consular officer’s question.
- Attendees may not object to a consular officer’s question on any ground (including that the attendee regards the question to be inappropriate, irrelevant, or adversarial), or instruct the applicant not to answer a consular officer’s question. Attendees may not interfere in any manner with the consular officer’s ability to conduct all inquiries and fact-finding necessary to exercise his or her responsibilities to adjudicate the application.
- During a passport or CRBA appointment interview, attendees may not discuss or inquire about other applications.
- Attendees may take written notes, but may not otherwise record the appointment interviews.
- Attendees may not engage in any other conduct that materially disrupts the appointment interview. For example, they may not yell at or otherwise attempt to intimidate or abuse a consular officer or staff, and they may not engage in any conduct that threatens U.S. national security or the security of the embassy or its personnel. Attendees must follow all security policies of the Department of State and the U.S. embassy or consulate where the appointment interview takes place. Attendees may not engage in any conduct that violates this policy and/or otherwise materially disrupts the appointment interview. Failure to observe these parameters will result in a warning to the attendee and, if ignored, the attendee may be asked to leave the appointment interview and/or the premises, as appropriate. It would then be the applicant’s choice whether to continue the appointment interview without the attendee present, subject to the consular officer’s discretion to terminate the appointment interview. The safety and privacy of all applicants awaiting consular services, as well as of consular and embassy personnel, is of paramount consideration.