7 FAM 1100 Appendix H
(U) MISCELLANEOUS CITIZENSHIP AND NATIONALITY RELATED CERTIFICATES AND OTHER DOCUMENTS
(CT:CON-1032; 10-30-2024)
(Office of Origin: CA/OCS)
7 FAM 1110 Appendix H SUMMARY
(CT:CON-1032; 10-30-2024)
a. (U) At various times the Bureau of Consular Affairs (CA) and U.S. embassies and consulates abroad issued certain citizenship related documents in addition to passports and Consular Reports of Birth Abroad of a Citizen of the United States of America. The documents include:
(U) (1) Certificates and Cards of Identity and Registration;
(U) (2) Certificates of Non-Citizen National Status;
(U) (3) Certificates of Nationality; and
(U) (4) Certificates of Identity for Travel to the United States to Apply for Admission.
b. (U) While all of these miscellaneous documents may still be encountered in adjudicative situations, most have fallen into disuse with the passage of time and changes in statutes and regulations.
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(U) NOTE: Certificates of Identity for travel to the United States to apply for admission under 8 U.S.C. 1503(b) remain an exception, as posts continue to receive and adjudicate applications for them (See 7 FAM 1150 Appendix H).
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c. (U) None of these U.S. Department of State documents are equivalent to Certificates of Citizenship issued by the Attorney General or by a court having naturalization jurisdiction and Certificates of Naturalization issued by the U.S. Immigration and Citizenship Service (USCIS). They do not constitute proof of U.S. citizenship under 22 U.S.C. 2705.
d. (U) The U.S. Immigration and Naturalization Service (INS) issued Form I-197, United States Citizen Identification Cards and Form I-179, Identification Card for Use of Resident Citizen in the United States until the early 1980’s. USCIS no longer issues these cards, and any person seeking such documentation should be advised that they may apply for a U.S. passport instead through normal passport issuing procedures. Although these cards are no longer issued, those that were issued are still recognized by USCIS and U.S. Customs and Border Protection (CBP) as evidence of citizenship under 8 CFR 235.10 for limited purposes. Possession of either document does not constitute proof of U.S. citizenship under 22 U.S.C. 2705, and they are not acceptable as proof of U.S. citizenship. It is secondary evidence. A person applying for a passport presenting such a document should be advised to present the primary evidence of citizenship.
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(U) NOTE: Exemplars for the Form I-197 and Form I-179 are available in the USCIS publication M-274 Handbook for Employers. |
7 FAM 1120 Appendix H certificates and cardS of identity and registration
(CT:CON-1032; 10-30-2024)
a. (U) U.S. citizens resident abroad were first asked to register each year with the U.S. embassy or consulate in whose district they reside in 1880, but the practice became more uniform after the publication of President Theodore Roosevelt’s Executive Order of April 8, 1907, implementing the Act of March 2, 1907 regarding expatriation and protection of nationals, and consular instructions which called for the issuance of a Certificate of Identity and Registration.
b. (U) The form of the certificate of identity registration evolved over time. Ultimately, the following documents were issued:
(1) (U) Form FS-225, The Certificate of Identity and Registration was established in 1907 as a form of identity for U.S. citizens residing abroad. It could include family members and a group photo. Form FS-225 was discontinued on September 1, 1971;
(2) (U) Form FS-225-B, The Card of Identification for Use on the Mexican Border was added on October 23, 1943 as a wartime measure required by Departmental Order 1207 for the purpose of crossing the border from Mexico. Form FS-225-B was discontinued July 17, 1961.
(3) (U) Form FS-225-A, The Card of Identity and Registration was adopted June 1, 1943 to provide identification for one person. CA stopped issuance of Form FS-225-A in 1991, except in certain situations and then only with authorization by CA. The cards were also issued to U.S. nationals who did not have valid passports who were being deported back to the United States, as well as to returning nationals whose passports had been withdrawn or denied under 22 CFR 50, 22 CFR 51, or 22 CFR 53. This included persons returning as the result of an agreed upon prisoner transfer. The cards were also approved for issuance to nationals involved in a common disaster abroad who were not or could not be immediately documented. Issuance of these cards is presently covered by 22 CFR 50.9. Form FS-225-A Card of Identity and Registration was totally abolished in 2003.
c. (U) The abolition of Form FS-225-A coincided with the introduction of the Smart Traveler Enrollment Program (STEP) (see 7 FAM 040) and with the introduction of the Overseas Passport Issuance Program (see 7 FAM 1360). Form FS-558, Passport and Nationality Registration Cards formerly used by posts to record local registration of U.S. citizens abroad was also eliminated following the worldwide introduction of the American Citizen Services (ACS) case tracking system and STEP. For U.S. citizens without Internet access, posts used form DS-4024, the fillable paper version of STEP; this form was discontinued in September 2024.
d. (U) Form DS-11, Application for a U.S. Passport was formerly used for both passport application and registration applications. However, Form DS-11 was amended to remove registration as an option. Therefore, registration is no longer considered to be a means of citizenship adjudication. Likewise, self-registration via the STEP program is also not a means of citizenship adjudication. Currently citizenship can only be adjudicated through an application for a passport of any type or a Form DS-2029, Application for Consular Report of Birth Abroad of a Citizen of the United States of America.
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(U) See …CA Intranet … Exemplar Form FS-225 Exemplar Form FS-225-A Exemplar Form FS-225-B |
e. (U) The STEP registration system is now used for the purpose of sending important travel advisory and alerts to enrollees and for emergency to enable our embassies and consulates to plan for emergency situations.
f. (U) In very limited circumstances, issuance of passport waivers and travel letters can still be issued. Guidance regarding these documents is provided in 8 FAM 1304.2 and 8 FAM 1304.3.
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See the Consular Intranet for … historical instructions to consuls relating to the registration function |
7 FAM 1130 APPENDIX H CERTIFICATE OF U.S. NON-CITIZEN NATIONAL STATUS
(CT:CON-1032; 10-30-2024)
(U) Unavailable
7 FAM 1140 APPENDIX H CERTIFICATES OF NATIONALITY
(CT:CON-1032; 10-30-2024)
a. (U) Authority to issue Certificates of Nationality is provided by INA 359 (8 U.S.C. 1502) and 22 CFR 50.10(a). They were required from time to time by judicial or administrative bodies in the former Soviet Union and the Eastern Bloc countries when U.S. citizens by birth (not naturalized) tried to make property and other claims before and after World War II. CA prepared them in the form of a diplomatic note to which a photograph of the individual was attached. The note provided information regarding the individual’s passport. They were not given to the person but transmitted directly via diplomatic channels to the authority in the foreign jurisdiction which had made the request. CA has not received a request for such certificates since the 1980s. The legal authority to issue these documents has never been repealed.
b. (U) Unavailable
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(U) See Department Order 910 Issue of Certificates of American Nationality (January 2, 1941) |
7 FAM 1150 APPENDIX H Certificate of identity (COI) for travel to the United States to apply for admission
(CT:CON-1032; 10-30-2024)
a. (U) 8 U.S.C. 1503(b) states, in relevant part, "If any person who is not within the United States claims a right or privilege as a national of the United States and is denied such right or privilege by any department or independent agency, or official thereof, upon the ground that he is not a national of the United States, such person may make application to a diplomatic or consular officer of the United States in the foreign country in which he is residing for a certificate of identity for the purpose of traveling to a port of entry in the United States and applying for admission."
b. (U) A Certificate of Identity under 8 U.S.C. 1503(b) is a travel document unrelated to the Certificate of Identity and Registration, Certificate of U.S. Non-Citizen National Status, and Certificate of Nationality documents referenced elsewhere in 7 FAM 1100 Appendix H. Posts continue to receive and adjudicate applications for Certificates of Identity under 8 U.S.C. 1503(b).
c. (U) In practice, posts likely will receive inquiries regarding or applications for a Certificate of Identity from individuals who have been denied a U.S. passport or Consular Report of Birth of a U.S. Citizen Abroad or had such document revoked or canceled. Individuals who have been denied other benefits also might apply.
d. (U) Should post receive any inquiry regarding the process for applying for a Certificate of Identity, post should contact their CA/OCS/ACS Country Officer for guidance.
7 FAM 1160 APPENDIX H COI APPLICATION PROCESS
(CT:CON-1032; 10-30-2024)
a. (U) Eligibility: Pursuant to 8 U.S.C. 1503(b), the process to apply for a Certificate of Identity is available to persons who:
(1) (U) have claimed a right or privilege as a U.S. national, such as by applying for a U.S. passport or Consular Report of Birth Abroad (CRBA);
(2) (U) have been denied such right or privilege on the ground that they are not a national of the United States;
(3) (U) are “not within the United States”; and,
(4) (U) at some time prior to the application for the Certificate of Identity:
(a) Have either been physically present in the United States, or
(b) Are under sixteen years of age and were born abroad of at least one U.S. citizen parent.
b. (U) Submission of an Application for a Certificate of Identity:
(1) (U) A person seeking a Certificate of Identity must appear in person at a U.S. embassy or consulate in the country in which they reside and execute the form FS-0343, Application for a Certificate of Identity before a U.S. diplomatic or consular officer. The applicant should sign and swear (or affirm) the application before the diplomatic or consular officer;
(2) (U) The applicant must present two identical photographs taken within thirty days prior to the application. One photograph should be attached to the Form FS-0343 application;
(3) (U) The applicant must present evidence of identity permitting the consular officer to confirm the applicant's identity in conformity with the provisions of 8 FAM 400;
(4) (U) The applicant must represent that his or her application for a Certificate of Identity is exclusively for the purpose of traveling to a port of entry in the United States and applying for admission. It may be useful for the consular officers to ask the applicant how they plan to use the document. If the applicant represents that the application is for any other purpose(s), you must inform them that the Certificate of Identity is unavailable for that purpose. Posts should direct any questions about this guidance to their CA/OCS/ACS country officer;
(5) (U) The applicant should present all evidence relevant to their claim to citizenship and application for a Certificate of Identity at this time;
(6) (U) The consular officer must inform the applicant that a person who is issued a COI, travels to the United States, and applies for admission into the United States under 8 U.S.C. 1503(c) will be subject to all the provisions of the INA relating to aliens seeking admission to the United States;
(7) (U) Post should contact their CA/OCS/ACS Country Office for further guidance if a person seeking a Certificate of Identity cannot execute the application in the manner prescribed above; and
(8) (U) Posts should contact their CA/OCS/ACS Country Officer for guidance prior to adjudication of any application for a Certificate of Identity.
7 FAM 1170 APPENDIX H GOOD FAITH AND SUBSTANTIAL BASIS
(CT:CON-1032; 10-30-2024)
a. (U) Under 8 U.S.C. 1503(b), an applicant must show, to the diplomatic or consular officer’s satisfaction, that an application for a Certificate of Identity both is made in good faith and has a substantial basis.
(1) (U) Good faith: The applicant must demonstrate a subjective good faith belief that he/she is a national of the United States. Consular officers should consider the applicant’s state of mind and whether good faith is demonstrated in light of the circumstances and evidence presented. Consular officers may consider the information provided in the COI application, the applicant’s interactions with post, and all information in passport, CRBA, or other files associated with the applicant. For example, good faith may not be present when the Department has evidence that the applicant previously expatriated himself or herself, or when the consular officer determines that the applicant clearly does not believe himself or herself to be a U.S. citizen; and
(2) (U) Substantial basis: To conclude that the applicant has a substantial basis for applying for a Certificate of Identity, the consular officer must both: 1) interpret discrepancies in the evidence in favor of the applicant’s representations, to the extent plausible; and 2) make plausible inferences from the evidence presented in favor of the applicant’s representations. In light of those presumptions and inferences, the consular officer must then determine whether a consular officer could reasonably find that the applicant is a U.S. national. Consular officers may consider the information provided in the application as well as information in the passport file, CRBA file, or other documents associated with the applicant’s prior application(s) for a right or privilege of citizenship (in most instances, the passport application), determinations made by other agencies and other courts, and any other information the Department has obtained, such as visa applications. Substantial basis is a lower standard than the preponderance of the evidence burden required for issuance of a CRBA or passport.
b. (U) In addition to demonstrating good faith and a substantial basis, the applicant must also meet the eligibility requirements described in 7 FAM 1160 Appendix H.
c. (U) Unavailable.
7FAM 1180 Appendix H COI ISSUANCE OR DENIAL
(CT:CON-1032; 10-30-2024)
a. (U) Issuance:
(U) If the applicant satisfies the eligibility requirements and post, in consultation with CA/OCS/ACS, determines that their application is made in good faith and has a substantial basis, post should contact their CA/OCS/ACS Country Officer for guidance for issuance of the FS-0343-A, Certificate of Identity document.
b. (U) Denial:
(U) If post, in consultation with CA/OCS/ACS, determines that the applicant does not meet the eligibility requirements or that their application lacks good faith and/or a substantial basis, post should enter detailed case notes in the ACS+ consular system explaining the factual and/or legal grounds for the denial.
b. (U) Post must issue a denial letter to the applicant, stating the specific reason(s) for the denial and informing the applicant of the opportunity to appeal when applicable. CA/OCS/ACS, in consultation with L/CA as necessary, must review the denial letter before it is sent to applicant.
c. (U) Post should retain the original FS-0343 application, and any supporting documents and evidence, by scanning the documents in their entirety into the ACS+ consular system.
d. (U) One copy of the FS-0343 application and any original supporting documents should be returned to the applicant.
e. (U) One copy of the application should be sent to post’s CA/OCS/ACS Country Officer together with a copy of all evidence submitted by the applicant.
7 FAM 1190 Appendix H APPEALING A COI DENIAL
(CT:CON-1032; 10-30-2024)
a. (U) Pursuant to 8 U.S.C. 1503(b), an applicant shall be entitled to appeal a denial of a Certificate of Identity. If an applicant informs post that they are interested in appealing a denial of a Certificate of Identity, post should contact their CA/OCS/ACS Country Officer immediately. Because appeal requests are time sensitive, posts should follow up with their CA/OCS/ACS country officer if a response has not been received in a timely manner regarding the appeal request.
b. (U) Process: An applicant, or an attorney on their behalf, may appeal a denial decision by:
(1) (U) Submitting a written and signed statement addressed to the Assistant Secretary of the Bureau of Consular Affairs that includes the grounds upon which the applicant claims U.S. nationality, the pertinent facts the applicant presented to the Department in their COI application, and the reasons why the denial of their COI application was not justified;
(2) (U) The appeals package should be submitted to the post which denied the COI application. Post should immediately transmit the appeals package to their CA/OCS/ACS country officer; and
(3) (U) The scope of the appeal is limited to the facts and evidence that were before the Department at the time of its decision. Any new facts or evidence will not be considered.
d. (U) Upon receipt of the appeal package, the Department will review and respond with its written decision to either approve or overturn the COI denial decision. The Department’s response to the appeal shall constitute the final agency action regarding the COI application and is not subject to further administrative review.