How Difficult Is It to Obtain a CRBA for two US Citizens (one by birth one by nationalization)?

[tq999 1]

Hi all, my basic question is: how difficult is it to obtain a consulate birth report abroad and get a passport etc for a baby born in India to two US citizens (one by birth and one recently naturalized), especially if we dont have all the original documents which may be needed?

 

My wife is pregnant and we have to decide in the next 2-3 months if she will deliver in the US or India. We are both currently working for the same US based company in India, about a year into a two year commitment. We have been told by the company we work for we can go back to the US but are considering having the child in India and I wanted to know if immigration should be a factor in our decision?

 

Our US status situation: I am a US Citizen by birth and lived in the US until I was 22 and then off and on since (total of an additional 4 or 5 years so 26-27 years). My wife is a recently naturalized US citizen who has lived in the US for 3 years, she is from China but no longer has a valid Chinese passport.  Will it be difficult/ time consuming to get US citizenship for our child if we have the child in India? Also, we left my wife’s original naturalization certificate in the US along with my birth certificate; will we need either original to apply for the baby’s paperwork?

 

Thanks for any help.

[Dashinka 23,236]

CRBA would seem pretty straightforward since both of you are USCs and married.  Here is what it says for the Consulate in India.  As to your wife's naturalization certificate and your birth certificate, your US Passports should suffice. 

 

Good Luck!

 

Please bring the following original items to the interview:

• Proof of the parents’ identity and citizenship such as U.S. or other passports.
• Child’s original birth certificate issued by the local authorities (including English translation, if applicable). The birth certificate must include the name of the child.
• One studio quality photograph of the child, 2″ x 2″ in size and taken against a white background. The child must be facing forward with his/her ears showing and eyes open. Glasses are not acceptable in your photo. If you cannot remove your glasses for medical reasons, please include a signed note from your doctor with your application. More information.
• Prenatal and hospital records (e.g., ultrasounds, prescriptions, evidence of pre-natal doctor visits, hospital discharge documents, vaccination card, etc.).
• If the child was born through surrogacy: a detailed medical certificate from the surrogacy clinic or ART physician which reflects this fact.
• The parents’ marriage certificate, or other proof of their relationship prior to the child’s conception, if applicable.
• Proof of the U.S. citizen parent’s physical presence in the U.S. (This is not required if BOTH parents are U.S. citizens.)  For children born to one U.S. citizen and one foreign national, the U.S. citizen parent will need to show five years of CUMULATIVE physical presence in the U.S., two of which must be after the age of 14. Examples of items that show physical presence are school transcripts, pay receipts, passport entry/exit stamps in current and previous passports, etc.
• If also applying for a passport (see below) and only one parent is present in India, the other parent must complete Parental Consent Form DS-3053. A scanned copy of DS-3053 will not be accepted unless there is an emergency need to travel. This form must be notarized and submitted with a notarized copy of the absent parent’s photo ID (their passport is preferred).
• Complete and print the following forms online before coming to your appointment but Please Do Not Sign The Forms Until Directed To Do So By A Consular Officer.DS-2029, Application for Consular Report of Birth Abroad (PDF)Form DS-11 Application for a U.S. Passport

[Mark88 183]

To make it even easier, since you are both USC, you only have to provide a single day physical presence in the US. That is it:

 

https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html

 

Birth Abroad in Wedlock to Two U.S. Citizen Parents

A person born abroad in wedlock to a U.S. citizen mother and a U.S. citizen father acquires U.S. citizenship at birth under section 301(c) of the Immigration and Nationality Act (INA), if one of the parents has had a residence in the United States or one of its outlying possessions prior to the person’s birth.

 

 

No physical presence required in this case. So doing CRBA in your case should be no issue. 

[tq999 1]

I appreciate the help from both of you. I am just trying to be cautious but this eases one worry. Have a wonderful weekend. 

[jan22 2,898]

On 7/25/2019 at 5:19 AM, Mark88 said:

To make it even easier, since you are both USC, you only have to provide a single day physical presence in the US. That is it:

 

https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html

 

Birth Abroad in Wedlock to Two U.S. Citizen Parents

A person born abroad in wedlock to a U.S. citizen mother and a U.S. citizen father acquires U.S. citizenship at birth under section 301(c) of the Immigration and Nationality Act (INA), if one of the parents has had a residence in the United States or one of its outlying possessions prior to the person’s birth.

 

 

No physical presence required in this case. So doing CRBA in your case should be no issue. 

Quick clarification -- for two US citizen parents, the requirement is actually residence, not physical presence.  In other words, at least one of the parents had to have lived in the US, not just visited.  It can be a short amount of time, at any time in his/her life, but must clearly be residence.  This is easily documented, though, by things like school records (diplomas, etc.) at any grade.