Eligibility for a CRBA / Consular Report of Birth Abroad

There are various circumstances under which a child born abroad acquires American citizenship at birth:

Child born to two U.S. citizens: The child acquires citizenship provided that at least one of the parents had, prior to the birth of the child, been a resident in the United States or one of its outlying possessions. (No specific period of residence is required.)

Child born in wedlock to a U.S. citizen parent (after November 14, 1986) and an alien: The child acquires citizenship provided that the U.S. citizen parent had been physically present in the United States or one of its outlying possessions for five years, of which at least two years were after the age of fourteen.

Child born in wedlock to a U.S. citizen parent (before November 14, 1986) and an alien: The child acquires citizenship provided that the U.S. citizen parent had been physically present in the United States or one of its outlying possessions for ten years, of which at least five years were after the age of fourteen.

A person born abroad out-of-wedlock to a U.S. citizen mother and alien father on or before June 11, 2017, may acquire U.S. citizenship under Section 309(c) of the INA if the mother was a U.S. citizen at the time of the person’s birth and if the mother was physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the person’s birth.

In light of the U.S. Supreme Court’s decision in Sessions v. Morales-Santana, 582 U.S. ___, 137 S.Ct. 1678 (2017), a person born abroad out-of-wedlock to a U.S. citizen mother and alien father on or after June 12, 2017, may acquire U.S. citizenship at birth if the mother was a U.S. citizen at the time of the person’s birth and was physically present in the United States or one of its outlying possessions for a period of five years, two after the age of fourteen under Section 301(g) of the INA.

Child born out of wedlock to a U.S. Citizen father: The child acquires citizenship provided that the American citizen father had been physically present in the United States or one of its outlying possessions for five years, of which at least two years were after the age of fourteen (or ten if born before 1986) and:

  • A blood relationship between the child and the father is established by clear and convincing evidence;
  • The father signs a sworn statement agreeing to provide financial support for the child until s/he reaches the age of 18 years; and
  • The child is under the age of 18,
  • The father provides a written statement acknowledging paternity;
  • The child is legitimated under local law; or
  • Paternity is established by a competent court before the child attains the age of 18 years.