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Missed the CRBA? Here’s What to Do if Your Child Reaches 18 Without a Consular Report of Birth Abroad

  • By: Immigration Attorney Osas Iyamu
  • Published: October 4, 2024
Consular Report of Birth Abroad image

For parents of children born abroad to U.S. citizens, a Consular Report of Birth Abroad (CRBA) is the most straightforward way to establish U.S. citizenship. However, life can sometimes get in the way, and if your child has reached the age of 18 without a CRBA, you might wonder what your options are. The good news is that there are still ways to secure proof of U.S. citizenship for your now-adult child. This blog will walk you through three key options depending on whether your child is inside or outside the U.S. 

Applying for a U.S. Passport at a U.S. Embassy (If the Child is Outside the U.S.) 

If your child is living outside the U.S. and never received a CRBA, they can still apply for a U.S. passport at the nearest U.S. Embassy or Consulate. The U.S. passport is official proof of U.S. citizenship and can often be obtained even without a CRBA, provided they meet the eligibility requirements. 

Steps to Apply: 

Schedule an Appointment at the Embassy

Your adult child will need to make an appointment at a U.S. Embassy or Consulate in their country of residence. 

Gather Required Documents

Your child will need to provide proof of their U.S. citizenship. This usually includes: 

  • Their foreign birth certificate. 
  • Proof of U.S. citizenship for the U.S. citizen parent(s) (e.g., U.S. passport, Certificate of Naturalization). 
  • Documentation showing the parent(s)’ physical presence in the U.S. before the child’s birth (e.g., school records, tax returns). 
  • Evidence of the parent-child relationship (such as a marriage certificate, if applicable, or other relevant documents). 

Fill Out Form DS-11

This is the U.S. passport application form that your child must submit. 

Attend the Interview

Your child will attend an in-person interview at the U.S. Embassy, where a consular officer will review the documentation and assess eligibility for U.S. citizenship. 

Pay the Fees and Wait for Processing

Once the application is submitted, the processing time can vary depending on the embassy, but your child should receive their passport within several weeks to a few months.

Illustration: 

Imagine your daughter, now 20 years old, has been living in Canada with you and didn’t get a CRBA after birth. She’s planning to attend college in the U.S. and needs proof of citizenship. By applying for a U.S. passport at the U.S. Consulate in Toronto, she can prove her citizenship and obtain a passport for travel and future purposes. 

Applying for a U.S. Passport Inside the U.S. (If the Child is Now an Adult and Living in the U.S.) 

If your adult child is residing in the U.S. but never received a CRBA, they can still apply for a U.S. passport through a U.S. Passport Acceptance Facility, such as a post office or courthouse. 

Steps to Apply: 

Gather Required Documents

Similar to the embassy process, your child will need: 

  • Their foreign birth certificate. 
  • Evidence of the U.S. citizenship of one or both parents (e.g., U.S. passport or Certificate of Naturalization). 
  • Documentation showing the parent(s)’ physical presence in the U.S. prior to the child’s birth. 
  • Proof of the parent-child relationship (e.g., marriage certificate, custody documents). 

Complete Form DS-11

This is the same passport application form used for U.S. citizens applying for the first time. 

Visit a Passport Acceptance Facility

Your child can submit the completed application and required documents at a local passport office or other approved locations. 

Attend the Interview (If Necessary)

Depending on the case, the passport agency may require an interview to verify the child’s citizenship claim. 

Receive the U.S. Passport

After processing, your child will receive their U.S. passport, which serves as proof of their U.S. citizenship.

Illustration: 

Your son, now 19, was born in Mexico but moved to the U.S. for school when he was 17. He needs to travel abroad but doesn’t have a U.S. passport. By applying at a passport office in Florida, he can provide the necessary proof of U.S. citizenship and get his passport in time for his trip. 

Applying for a Certificate of Citizenship (If the Child is Inside the U.S.) 

If your adult child is already living in the U.S., another option for proving U.S. citizenship is applying for a Certificate of Citizenship. This is particularly useful if the child wants an official document from U.S. Citizenship and Immigration Services (USCIS) certifying their citizenship status, beyond just a passport. 

Steps to Apply: 

Complete Form N-600

This is the form used to apply for a Certificate of Citizenship. Your child will need to fill out this form, providing information about their parentage, their birth abroad, and the U.S. citizen parent’s residency. 

Submit Supporting Documents

These include: 

  • The child’s foreign birth certificate. 
  • Proof of the U.S. citizenship of one or both parents. 
  • Documentation showing that the U.S. citizen parent met the physical presence requirements in the U.S. prior to the child’s birth. 
  • Any other relevant documentation to establish the parent-child relationship. 

Attend a USCIS Interview (If Required)

Depending on the complexity of the case, USCIS may request an interview to review the documents and ask questions about the child’s citizenship status. 

Receive the Certificate of Citizenship

 Once the application is approved, your child will receive a Certificate of Citizenship from USCIS, which serves as legal proof of their U.S. citizenship. 

Illustration: 

Let’s say your daughter, now 22, was born in Germany and moved to the U.S. at 16. Though she didn’t get a CRBA as a child, she can now apply for a Certificate of Citizenship to officially demonstrate her U.S. citizenship. This can be crucial if she plans to work for the federal government or needs permanent legal proof of her status. 

Does It Matter How the Child Entered the U.S. or Their Immigration Status? 

No, the way a child entered the U.S. or their immigration status does not affect their ability to prove U.S. citizenship through these methods. The key factor is whether the child acquired U.S. citizenship at birth through one or both U.S. citizen parents. Whether the child entered the U.S. legally, overstayed a visa, or even entered without inspection, it does not impact their eligibility to apply for a U.S. passport or a Certificate of Citizenship. 

Applying for a U.S. Passport (Inside or Outside the U.S.): 

A child’s method of entry or current immigration status has no bearing on their eligibility for a U.S. passport if they were born with U.S. citizenship through a parent. The application process focuses on proving that the child met the legal requirements for U.S. citizenship at birth, not their immigration history. Once citizenship is established, the child is entitled to a U.S. passport. 

Applying for a Certificate of Citizenship (If the Child is Inside the U.S.): 

The child’s current immigration status also does not affect their eligibility for a Certificate of Citizenship if they were born a U.S. citizen. Whether the child is undocumented or overstayed a visa, the Certificate of Citizenship application is based solely on proving U.S. citizenship through the parent. As long as the child acquired citizenship at birth, their entry method or immigration status is irrelevant. 

Illustration:

Let’s say your son entered the U.S. without inspection when he was 16 and has lived here undocumented. If his U.S. citizen parent met the requirements to transmit citizenship to him at birth, his immigration status does not matter when he applies for a U.S. passport or Certificate of Citizenship. The key factor is proving that he acquired U.S. citizenship through the parent. 

Securing Your Child’s U.S. Citizenship, Even Without a CRBA

Even if your child reaches adulthood without a CRBA, there are still viable ways to prove their U.S. citizenship. Whether they are applying for a U.S. passport abroad, within the U.S., or obtaining a Certificate of Citizenship, it’s important to gather the necessary documents and follow the appropriate steps. And remember, their immigration status or how they entered the U.S. will not affect their right to prove U.S. citizenship. 

Need help with the application process or determining the best option for your situation?

Contact Law Offices of Osas Iyamu, LLC today for Immigration guidance on securing proof of U.S. citizenship for your child. 

Disclaimer: This blog post is for informational purposes only and should not be construed as legal advice. Always consult with a qualified immigration attorney regarding your specific situation.

Osas Iyamu

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