7 FAM 1100 Appendix H
MISCELLANEOUS CITIZENSHIP AND NATIONALITY RELATED CERTIFICATES AND OTHER DOCUMENTS
(CT:CON-996; 01-24-2024)
(Office of Origin: CA/OCS)
7 FAM 1110 Appendix H SUMMARY
(CT:CON-996; 01-24-2024)
a. 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. Issuance of these documents was covered by prior existing statutes and regulations. Most have fallen into disuse with the passage of time and changes in regulations. However, they still may be encountered in adjudicative situations.
b. The documents include:
(1) Certificates and Cards of Identity and Registration;
(2) Certificates of Non-Citizen National Status;
(3) Certificates of Nationality; and
(4) Certificates of Identity for Travel to the United States to Apply for Admission.
c. None of these U.S. Department of State documents is 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. 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 the 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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NOTE: Exemplars for the Form I-197 and Form I-179 are available in the USCIS publication M-274 Handbook for Employers. |
e. Questions:
(1) If posts abroad receive such a document and have any question about it, you should immediately contact L/CA.
(2) Passport agencies and centers should contact AskPPTAdjudication@state.gov.
7 FAM 1120 Appendix H certificates and cardS of identity and registration
(CT:CON-996; 01-24-2024)
a. 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. The form of the certificate of identity registration evolved over time. Ultimately, the following documents were issued:
(1) 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) 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) 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. This section will be removed in upcoming CFR revisions. Form FS-225-A Card of Identity and Registration was totally abolished in 2003.
c. 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 continue to use form DS-4024, the fillable paper version of STEP.
d. 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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See …CA Intranet … Exemplar Form FS-225 Exemplar Form FS-225-A Exemplar Form FS-225-B |
e. The STEP registration system is now used for the purpose of emergency evacuation planning and to enable our embassies and consulates to contact our registered citizens in these emergencies.
f. 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-996; 01-24-2024)
a. Certificates of Non-Citizen National are authorized pursuant to INA 341(b) (8 U.S.C. 1452(b)). Such certificates were issued only to persons who are nationals but not citizens of the United States, generally persons born in American Samoa or on Swains Island. These certificates are no longer issued. Instead, a U.S. passport containing a specific endorsement stating that the bearer is a U.S. non-citizen national, not a U.S. citizen is issued to these persons. Children born abroad to U.S. Non-Citizen Nationals who acquire U.S. Non-Citizen National status are also eligible for a Consular Report of Birth, coded to print U.S. Non-Citizen National rather than U.S. citizen. See 7 FAM 1440:
(1) Presentation of satisfactory proof that the applicant is a national, but not a citizen of the United States; or
(2) Taking and subscribing to an oath of allegiance in the United States or its outlying possessions before an immigration officer when petitioning for naturalization. (An outlying possession is defined in INA 101(a)(29) (8 U.S.C. 1101(a)(29)) as American Samoa and Swains Island only);
(3) 7 FAM 1125 and 1140 give detailed guidance about documenting a non-citizen U.S. national who was born abroad to a non-citizen U.S. national parent. The oath referred to above is also found there.
c. Documentation Issued to Non-Citizen U.S. Nationals: A passport containing the following endorsement is issued to non-citizen U.S. nationals. (For all endorsement codes see 8 FAM 505.2.) The endorsement is Code 09 and states:
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“THE BEARER IS A UNITED STATES NATIONAL AND NOT A UNITED STATES CITIZEN.” |
d. General Correspondence: Several offices in the Department, including L/CA, and Passport Services' Office of Adjudication, Adjudication Oversight Division (CA/PPT/S/A/AO) receive many requests for certificates of non-citizen U.S. national status. They come from prisoners, tax protesters and other persons who for one reason or other have decided they do not owe allegiance to the United States. Such persons are not eligible for this status and cannot be issued passports with the above endorsement.
e. Questions:
(1) If posts have specific questions as a result of receiving such correspondence L/CA should be contacted.
(2) Agencies should contact ASKPPTAdjudication@state.gov.
7 FAM 1140 APPENDIX H CERTIFICATES OF NATIONALITY
(CT:CON-996; 01-24-2024)
a. Authority to issue these certificates 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. They were prepared in CA 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 1980’s. The legal authority to issue these documents has never been repealed.
b. Questions:
(1) If posts abroad receive such a document and have any question about it, you should immediately contact L/CA.
(2) Passport agencies and centers should contact CA/PPT/ASKPPTAdjudication@state.gov.
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See … Department Order 910 Issue of Certificates of American Nationality (January 2, 1941) |
7 FAM 1150 APPENDIX H Certificate of identity for travel to the United States to apply for admission
(CT:CON-996; 01-24-2024)
a. 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. 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.
c. Should post receive any inquiry regarding, or application for, a Certificate of Identity, post should immediately contact their CA/OCS/ACS Country Officer. Posts should not adjudicate any application for a Certificate of Identity without first receiving guidance from their CA/OCS/ACS Country Officer. Posts should follow up with their CA/OCS/ACS Country Officer if a response has not been received in a timely manner regarding the COI inquiry.
7 FAM 1160 Appendix H through 1190 Appendix H Unassigned
7 FAM 1100 Appendix H Exhibit 1
Sample Denial Letter - No Claim to U.S. Citizenship
(CT:CON-996; 01-24-2024)
(Post Letterhead)
Date
Name
Address Line 1
Address Line 2 address
City, Country Postal Code
Dear (name of applicant)
I am writing in reference to your recent application for a U.S. passport (and/or Consular Report of Birth of a U.S. Citizen Abroad).
I regret to inform you that after careful review of the evidence you submitted with your application, it has been determined that your claim to U.S. citizenship has not been satisfactorily established. Adjudication of your application revealed that (Select applicable reason):
Your U.S. citizen parent(s) lacked sufficient physical presence in the United States or its outlying possessions prior to your birth to transmit U.S. citizenship to you. (Insert applicable transmittal requirement and citation to appropriate section of U.S. law).
Your U.S. citizen parent did not fulfill the requirements of Section 309 of the Immigration and Nationality Act in order for a child born out of wedlock to acquire U.S. citizenship.
There is insufficient evidence that you were born abroad to a U.S. citizen parent. Evidence of your filiation to a U.S. citizen parent was not satisfactory. You may submit additional evidence, including DNA evidence, to establish such filiation, following procedures on the U.S. Department of State web page at http://travel.state.gov/content/passports/en/go/step
You may submit additional evidence to address these issues. Your application for a U.S. passport (and/or Consular Report of Birth of a U.S. Citizen Abroad) will be held in abeyance at the U.S. (Embassy/Consulate) for 90 days from the date of this letter. You may submit such evidence to us at the following address:
U.S. Embassy/Consulate
Address line 1
Address line 2
City, Country Postal Code
If no additional evidence is received by that date, your application will be denied and a finding of non-acquisition of U.S. citizenship will be entered in our world-wide Consular lookout system. This means that should you apply for documentation as a U.S. citizen at a future date, you will have to submit satisfactory evidence to overcome the previous finding of non-acquisition of citizenship.
Should you have any additional questions, please do not hesitate to contact us at (insert phone number and/or email for post).
Sincerely,
Signature of Consular Officer
Name of Consular Officer
Title of Consular Officer