How to apply for citizen for US children born abroad in the USA

[ch3john 308]

no one has any idea what should be done, Passport office in USA say call US embassy in Uk, There has to be a solution besides having to go back to the USA but then I guess some of the fees these people are asking it might be cheaper

From the sounds of your last post it sounds like you are back in the UK. Are the kids in the USA or UK now? If UK, then start with filing for CRBA at the embassy and go from there.

[britinusa 0]

sorry typo I meant UK not USA, we are in USA now

Edited June 27, 2016 by britinusa

[newacct 688]

You are probaly in a bind. By law, a USC must enter on a US passport.

So? Nobody is talking about entering the US.

In theory, your children are here illegally, since they overstayed their visa/esta.

No they are not. US citizens cannot "be here illegally". The children are US citizens.

Be prepared to travel abroad since the CRBA might be necessary in your case.

Why? Whether someone has a CRBA or not has no bearing on their US citizenship.

At the minimum you might have to pay a fine.

No. There is no law providing for any fine.

[ch3john 308]

Sorry, I wish I could be more helpful but not sure where to go from here. The only proof of citizenship for a passport is a CRBA or Certificate of Citizenship which can only be issued to persons in the US with legal status.

I hope someone with firsthand experience with this type of situation can help you.

[newacct 688]

Your information is wrong. Derivative citizenship only works when entering the US on a IR/CR visa. They entered proably with esta.

The children had US citizenship from the moment of birth, and still have it. It's not derivative citizenship. It's citizenship acquired from birth.

[newacct 688]

The only proof of citizenship for a passport is a CRBA or Certificate of Citizenship which can only be issued to persons in the US with legal status.

This is incorrect. A certificate is not necessary. Any evidence that your children have US citizenship (which in your case, is proof of the parent's US citizenship at the time the child was born, proof the child was born in wedlock, and proof that the US-citizen parent was physically present in the US for at least 5 years before the child's birth, including 2 years after the parent turned 14) is sufficient proof of citizenship to apply for a US passport. The Department of State will adjudicate the citizenship based on the evidence.

You probably went to a passport-acceptance facility like a post office that was not well-versed in passport requirements. Go to another place like a courthouse or go directly to a passport agency.

[ch3john 308]

The children had US citizenship from the moment of birth, and still have it. It's not derivative citizenship. It's citizenship acquired from birth.

Correct.

What do you suggest they show for proof of citizenship?

[Shauneg 762]

This is incorrect. A certificate is not necessary. Any evidence that your children have US citizenship (which in your case, is proof of the parent's US citizenship at the time the child was born, proof the child was born in wedlock, and proof that the US-citizen parent was physically present in the US for at least 5 years before the child's birth, including 2 years after the parent turned 14) is sufficient proof of citizenship to apply for a US passport. The Department of State will adjudicate the citizenship based on the evidence.

You probably went to a passport-acceptance facility like a post office that was not well-versed in passport requirements. Go to another place like a courthouse or go directly to a passport agency.

They have all the things needed for a passport. A foreign birth certificate, marriage certificate, U.S. citizens parents birth cert., and need to write an affidavit of all residences for U.S. citizen parent. Crba isn't needed and the passport office was wrong. I agree completely with you.....

[britinusa 0]

I called the US passport office and they told me to contact the US immigration, They told me to fill out a N600 - and apply for a certificate of citizenship at a cost of $1200.

[Shauneg 762]

I called the US passport office and they told me to contact the US immigration, They told me to fill out a N600 - and apply for a certificate of citizenship at a cost of $1200.

I was going to ask you if you've looked into just filing directly for that.

[britinusa 0]

I applied for a British Passport for my daughter who was born in the US, that was so simple.

[NikLR 13,227]

I called the US passport office and they told me to contact the US immigration, They told me to fill out a N600 - and apply for a certificate of citizenship at a cost of $1200.

They don't need a citizenship certificate... ARGH..

https://travel.state.gov/content/passports/en/passports.html

If you claim citizenship through birth abroad to at least one U.S. citizen parent: Submit a Consular Report of Birth (Form FS-240), Certification of Birth (Form DS-1350 or

FS-545), or your foreign birth certificate (and official translation if the document is not in English), proof of U.S. citizenship of your parent, your parents' marriage certificate, and

an affidavit showing all of your U.S. citizen parents' periods and places of residence/physical presence in the United States and abroad before your birth.

You need the stuff highlighted in RED directly from the DOS passport application PDF https://travel.state.gov/content/passports/en/passports/forms.html

https://travel.state.gov/content/passports/en/passports/information/where-to-apply.html

You will need to go in person to https://travel.state.gov/content/passports/en/passports/information/where-to-apply/agencies/los-angeles.html

Correct.

What do you suggest they show for proof of citizenship?

Exactly what it states on the application form as I highlighted above.

[britinusa 0]

NLR

thanks for the information, I will call them again tomorrow, now i have evidence from their own website - awesome

Foreign Birth Documents + Parent(s) Citizenship Evidence

If you claim citizenship through birth abroad to U.S. citizen parent(s), but cannot submit a Consular Report of Birth Abroad or Certification of Birth, you must submit all of the following:

• Your foreign birth certificate (translated to English),
• Evidence of citizenship of your U.S. citizen parent,
• Your parents' marriage certificate, and
• A statement of your U.S. citizen parent detailing all periods and places of residence or physical presence in the United States and abroad before your birth

Edited June 28, 2016 by britinusa

[ch3john 308]

They don't need a citizenship certificate... ARGH..

https://travel.state.gov/content/passports/en/passports.html

If you claim citizenship through birth abroad to at least one U.S. citizen parent: Submit a Consular Report of Birth (Form FS-240), Certification of Birth (Form DS-1350 or

FS-545), or your foreign birth certificate (and official translation if the document is not in English), proof of U.S. citizenship of your parent, your parents' marriage certificate, and

an affidavit showing all of your U.S. citizen parents' periods and places of residence/physical presence in the United States and abroad before your birth.

You need the stuff highlighted in RED directly from the DOS passport application PDF https://travel.state.gov/content/passports/en/passports/forms.html

https://travel.state.gov/content/passports/en/passports/information/where-to-apply.html

You will need to go in person to https://travel.state.gov/content/passports/en/passports/information/where-to-apply/agencies/los-angeles.html

Exactly what it states on the application form as I highlighted above.

Thanks for the info, much appreciated.

[NikLR 13,227]

no problem. I don't want the OP to think they have to spend a bunch of money they don't have to on either flights or citizenship certificates that aren't necessary! I'm not the cheapest one on the block but I hate wasting money.