CRBA Requirements: Eligibility, Form DS-2029, and Interview

To get a Consular Report of Birth Abroad (Form FS-240) for a child born outside the United States, you have to meet three sets of CRBA requirements: the child must have acquired U.S. citizenship at birth through a qualifying parent, you must document that citizenship with specific original records, and you must file Form DS-2029 and appear at a U.S. embassy or consulate before the child turns 18.¹

Who Qualifies for a CRBA

Eligibility turns on whether one or both parents are U.S. citizens, whether the parents are married, and how much time the citizen parent lived in the United States before the birth. The rules come from the Immigration and Nationality Act.

Both Parents Are U.S. Citizens and Married

If both parents are U.S. citizens and married to each other, the child acquires citizenship at birth so long as one parent lived in the United States at some point before the child was born. Any prior residence qualifies, with no minimum duration.²

One U.S. Citizen Parent Married to a Foreign Citizen

When only one parent is a U.S. citizen and that parent is married to a foreign citizen, the citizen parent must have been physically present in the United States for at least five years before the child’s birth, with at least two of those years occurring after the parent turned fourteen.² The five years are cumulative rather than consecutive, so childhood years in the U.S. count alongside adult years.

Time the citizen parent spent abroad while honorably serving in the U.S. armed forces, working for the U.S. government, or working for a qualifying international organization counts toward the five-year requirement. The same is true for time spent abroad as an unmarried dependent in the household of someone in those categories.³

Parents Not Married to Each Other

When the parents are unmarried, the rules depend on which parent is the U.S. citizen.

If the mother is the U.S. citizen and the child was born before June 12, 2017, she needed only one year of continuous physical presence in the United States before the birth. For a child born on or after June 12, 2017, the mother must meet the same five-year rule (two years after age fourteen) that applies to married one-citizen-parent families. That change came from the Supreme Court’s decision in Sessions v. Morales-Santana.⁴⁵

If the father is the U.S. citizen, he must meet the five-year physical presence requirement and, before the child turns eighteen, satisfy four additional conditions:

A blood relationship established by clear and convincing evidence, usually a DNA test from an accredited laboratory
A written agreement to financially support the child until age 18
Legal paternity established through legitimation under the law of the child’s home country, a written acknowledgment under oath, or a court adjudication

All of these must be completed while the child is still a minor.⁴

The Age-18 Deadline

A CRBA can only be issued while the child is under 18. There is no grace period.¹ Embassy appointments can be hard to book, and gathering physical presence evidence takes time, so don’t wait.

Citizenship itself isn’t lost if the child turns 18 without a CRBA; it was acquired at birth if the statutory requirements were met. The documentation route changes, though. An adult born abroad to a U.S. citizen parent can file Form N-600 (Application for Certificate of Citizenship) with USCIS.⁶ N-600 is slower and more expensive, and from outside the United States it can only be filed by mail.

Documents You Need to Bring

Consular officers review original documents, not photocopies or notarized copies, and return them after the interview.¹ Start pulling records together well before your appointment.

Identity and Relationship

The child’s foreign birth certificate, issued by the local civil registry or equivalent authority
Proof of the U.S. citizen parent’s citizenship: a valid U.S. passport, Certificate of Naturalization, Certificate of Citizenship, or U.S. birth certificate
Valid photo identification (passports) for both parents
The parents’ marriage certificate if they are married, plus any divorce decrees from earlier marriages

Any document not in English needs a certified translation. The translator must certify in writing that the translation is complete and accurate and that the translator is competent in both languages, and must include their name, signature, address, and date.⁷

Evidence of the Citizen Parent’s Physical Presence

This is where most applications either move smoothly or stall. You need to show, cumulatively, that the citizen parent lived in the United States long enough to meet the threshold that applies to your family. The strongest evidence covers long stretches at once:

Official school transcripts from elementary school through university
Employment records such as W-2 forms, pay stubs, and employer verification letters
Medical records, including prenatal, immunization, and ongoing treatment records
Rental and housing records, including leases, rent receipts, and mortgage documents
Military and government service records, which count even for time stationed abroad

Social Security statements help but should be paired with other evidence, since earnings can be posted from work outside the United States. U.S. passport stamps are a last resort. Birth certificates and driver’s licenses do not count as proof of physical presence.⁸

Build the record as a timeline. A school transcript covering ages 6 through 18 already gives you twelve years. A handful of W-2s from early adulthood closes the gap. Overlap between documents is fine.

Filing Form DS-2029

The application is Form DS-2029, Application for Consular Report of Birth Abroad.¹ Most embassies and consulates now use an online system through MyTravelGov that lets you complete the form, upload supporting documents, and pay the $100 fee before your appointment.⁹ Uploading in advance lets staff review your materials before you arrive.¹⁰

Fill out the physical presence section carefully, listing every period the citizen parent spent in the United States with specific dates. Do not sign the form before the appointment; the signature must be made under oath in front of a consular officer.¹

A second form, DS-5507 (Affidavit of Physical Presence or Residence, Parentage, and Support), is required in two situations: when the U.S. citizen parent transmitting citizenship cannot attend the appointment in person, and when the child was born out of wedlock and the father is the U.S. citizen.¹⁰ DS-5507 must usually be notarized.

The In-Person Interview

Book your appointment through the website of the U.S. embassy or consulate nearest you. Both the child and the U.S. citizen parent transmitting citizenship must appear in person. The other parent should attend if possible.¹¹

At the appointment, the consular officer reviews originals, verifies identities, and checks the physical presence evidence against the applicable statutory threshold. The citizen parent signs the DS-2029 under oath. If the officer is satisfied the child acquired citizenship at birth, the application is approved.

If the officer cannot make a determination at the appointment, usually because documentation is incomplete, you have 90 days to submit additional evidence. Miss that window and the case is administratively closed, requiring a new application and a new fee. A direct denial is a different outcome and typically means an immigration attorney should be consulted; the family may need to pursue the immigrant visa process instead.¹²

After Approval: Passport and Social Security Number

The physical CRBA usually arrives in about four to five weeks. You don’t need to wait for it before applying for the child’s first U.S. passport, and most parents file the passport application at the same appointment. Bring a completed but unsigned Form DS-11 and one 2×2 inch passport photo of the child against a white background.¹¹ For children under 16, both parents generally must appear; if one cannot, the absent parent must submit Form DS-3053 (Statement of Consent), notarized and valid for 90 days from signing. The minor passport application fee is $20.⁹

A Social Security number is a separate process. Wait until you have both the CRBA and the passport, then contact the Federal Benefits Unit at your embassy or consulate to submit the card application. Not every embassy has a Federal Benefits Unit, and the SSA website lists which office covers your region.¹³

1
U.S. Department of State. About Form DS-2029 – Application for Consular Report of Birth Abroad
2
Office of the Law Revision Counsel. 8 USC 1401 – Nationals and Citizens of United States at Birth
3
U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 12 Part H Chapter 3 – U.S. Citizens at Birth (INA 301 and 309)
4
Office of the Law Revision Counsel. 8 USC 1409 – Children Born Out of Wedlock
5
Supreme Court of the United States. Sessions v. Morales-Santana, 582 U.S. 47 (2017)
6
USCIS. N-600, Application for Certificate of Citizenship
7
U.S. Department of State. Information about Translating Foreign Documents
8
U.S. Embassy and Consulate General in the Netherlands. Proof of Physical Presence
9
eCFR. 22 CFR Part 22 – Schedule of Fees for Consular Services – Department of State
10
Travel.State.Gov. Birth of U.S. Citizens and Non-Citizen Nationals Abroad
11
U.S. Embassy and Consulate in Nigeria. Checklist for Consular Report of Birth Abroad (CRBA)
12
U.S. Embassy and Consulate in Nigeria. Frequently Asked Questions about the Consular Report of Birth Abroad (CRBA)
13
Social Security Administration. Foreign Country Service Information