8 FAM 303.3
Documentary evidence of U.S. Citizenship Issued to Persons Born Abroad
(CT:CITZ-42; 11-09-2020)
(Office of Origin: CA/PPT/S/A)
8 FAM 303.3-1 Primary Evidence of U.S. Citizenship
(CT:CITZ-42; 11-09-2020)
Acceptable primary documentary evidence of U.S. citizenship issued to persons born abroad who may be applying for their first U.S. passport are:
(1) A Certification of Birth Abroad of a Citizen of the United States (form FS-545):
(a) Form FS-545 was first issued in 1960;
(b) It was issued by the U.S. embassy or consulate; and
(c) Form FS-545 issuance was discontinued in November 1990, but is still valid as evidence of U.S. citizenship.
(2) A Certification of Report of Birth Abroad of a United States Citizen (form DS-1350):
(a) The form DS-1350 was first issued in November 1990 and replaced form FS-545;
(b) Form DS-1350 was issued domestically by Passport Services’ Office of Technical Operations, Records Services Division, Vital Records section (CA/PPT/S/TO/RS/VR). The information was taken from the current form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America (CRBA); and
(c) Form DS-1350 was discontinued on December 31, 2010, but is still valid as evidence of U.S. citizenship.
8 FAM 303.3-2 Secondary Evidence of U.S. Citizenship
(CT:CITZ-42; 11-09-2020)
Documents that cannot be used as primary evidence of U.S. citizenship but may, with adjudicator discretion, be used as one document of secondary evidence are:
(1) Form 225 "Certificate of Identity and Registration": Form 225 was created in 1907 as a form of identity for U.S. citizens residing abroad. It could include family members and a group photo. Form 225 was discontinued in the early 1970s;
(2) Form 225-A "Card of Identity and Registration": Form 225-A was created in the 1940s to provide identification for persons living abroad. After 1991, Consular Affairs (CA) only authorized issuance of these documents in certain situations (e.g., passport denial or revocation, deportation, or extradition situations). The cards were also approved for issuance to U.S. citizens involved in a disaster abroad and who could not be immediately documented. Issuance of these cards ceased in 2003:
(a) Forms 225 and forms 225-A were issued in accordance with the Executive Order of April 8, 1907, amending paragraph 172 of the consular regulations; and
(b) On April 18, 1996, Passport Services released guidance indicating that form 225 and form 225-A both were acceptable as primary evidence of U.S. citizenship for both the bearer and any inclusions, because submission of primary evidence of U.S. citizenship was required to obtain a form 225 or form 225-A. Consequently, you may see records of U.S. passports issued using these forms as evidence of U.S. citizenship. However, they are no longer considered primary evidence of U.S. citizenship in accordance with 22 CFR 51.42 and 22 CFR 51.43.
(3) Form 225-B Card of Identification for Use on the Mexican Border: Form 225-B was created in the 1940s for use by U.S. citizens when crossing the border from Mexico into the United States. Form FS-225-B was discontinued on July 17, 1961;
(4) Canal Zone (Panama) birth certificate:
(a) The area in Panama formerly known as the Canal Zone was leased to the United States by a treaty with the Republic of Panama effective February 26, 1904 until October 1, 1979 (see 8 FAM 302.4 and 8 FAM 308.5 regarding acquisition of U.S. citizenship and nationality); and
(b) The Panama Canal Commission issued documents during this time period known as "Canal Zone Birth Certificates" to children born in the Canal Zone to U.S. citizen(s) employees of the U.S. Government or the Panama Railroad Company. Issuance of these documents was discontinued on October 1, 1979.
(5) Form I-94B Arrival/Departure Record (now issued by the Customs and Border Patrol (CBP), Department of Homeland Security (DHS)) containing an admit stamp stating the individual's "Class" is a "U.S. Citizen" and the section of law under which the individual acquired U.S. citizenship.
|
NOTE: (U) Currently, the form I-94 is CBP's arrival/departure record and issued only to aliens who are admitted to the United States, who are adjusting status while in the United States, or extending their stay in the United States. However, a number of years ago, the form apparently also was used by the former Immigration & Naturalization Service to admit U.S. citizens into the United States via the northern border. |
(6) Form I-197, U.S. Citizen Identification Card, was issued by the former Immigration and Naturalization Service to naturalized U.S. citizens. The purpose of form I-197 was to provide evidence of identity at a port of entry. It is not primary evidence of identity under 22 CFR 51.43 and is not primary evidence of acquisition of U.S. citizenship under the Immigration and Nationality Act or predecessor Acts.