UNCLASSIFIED (U)

8 FAM 603.3

Special Acceptance Procedures for Consular Report of

Birth Abroad (CRBA)

(CT:CITZ-50;   01-21-2021)
(Office of Origin:  CA/PPT/S/A)

8 FAM 603.3-1  When to Apply

(CT:CITZ-50;   01-21-2021

a. General rule:  Apply Before the Age of 18:  The form DS-2029 may be made at any time before the child’s eighteenth birthday.

b. Delayed reporting of the birth of a U.S. citizen abroad not preferable:  Because the availability and/or reliability of the information and supporting evidence presented diminishes with time, it is desirable that the application be made as soon after birth as possible.  Accordingly, posts should impress upon U.S. citizen parents resident in their consular districts the advantage of a prompt reporting of the birth of their children.  Delay in reporting could cause inconvenience and possibly deprive a child of this valuable document.

c.  After age 18:  Refer all form DS-2029, Application for Consular Report of Birth Abroad of a Citizen of the United States of America, requests made on or after a child’s 18th birthday to the Office of Adjudication (CA/PPT/S/A) at AskPPTAdjudication@state.gov.  The request should be accompanied by a statement from the individual applying for the document explaining why the birth was not reported earlier.  Occasionally, the Department has authorized issuance when the person is over the age of 18, generally for applications initiated prior to the age of 18 or in extraordinary circumstances such as disasters/evacuations.  Otherwise, an overseas applicant whose citizenship is not adjudicated until after age 18 is issued only a U.S. passport, but not a form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America.

8 FAM 603.3-2  Where to Apply

8 FAM 603.3-2(A)  Registering Within Consular District

(CT:CITZ-48;   12-31-2020)

a. Applications normally made in consular district where birth occurred:  form DS-2029, Application for Consular Report of Birth Abroad of a Citizen of the United States of America, is normally filed in the consular district in which the birth occurred.  It is permissible, however, for a birth that occurred in one consular district to be reported in another.

b. Post closures:  When there is a post closure, (CA/OCS and CA/EX) (Bureau of Consular Affairs, Office of the Executive Director) normally designates another post to handle consular issues previously covered by the closed post.

c.  Applications normally executed abroad:  The form DS-2029 is usually executed abroad.  22 CFR 50.6 provides for issuance of certain forms FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America, during time of war.

d. Family in the United States, child has never been documented as A U.S. citizen:

(1)  Cases occasionally arise in which a family that had lived abroad for a period of time returns to the United States for residence.  A child was born during the period of residence abroad, but the parents neglected to register the birth at the consular post.  The question then arises as to whether the parents can register the birth at the post even though the child is physically present in the United States;

(2)  In these cases the parents usually would have obtained a passport for the child, but in rare cases this category could also include persons who came to the United States with a child on a nonimmigrant visa.  These cases usually involve medical emergencies in which the parents do not have time or lack full documentation to complete the process;

(3)  Parents may execute an application for a form FS-240 before a notary public in the United States and transmit the application, together with the supporting evidence needed to establish the citizenship claim and identity and the requisite fees to the U.S. embassy or consulate in whose consular district the child was born; and

(4)  The post should consult with CA/PPT/S/A (AskPPTAdjudication@state.gov) if any unusual adjudication issues arise.

e. U.S. citizen consular agents and U.S. military acceptance agents:  In most instances, an form DS-2029 is made at a U.S. embassy or consulate.  In certain circumstances, however, the application is initiated and the jurat (oath) administered before a person other than a consular officer:

(1)  It is then forwarded to the appropriate post for completion and issuance of the Form FS-240.  This most often occurs in cases of children born in remote locations or U.S. military hospitals and in cases where the applicant finds it impossible to travel to the post to report the birth, or such travel would entail extraordinary hardship, particularly where the health of the child is at issue; and

(2)  The consular agent or U.S. military acceptance agent must be a U.S. citizen/national in order to accept a form DS-2029, since this requires verification of citizenship and identity.

f.  Protecting powers:  Foreign diplomatic and consular officers acting as protecting powers to the United States (see 7 FAM 1000, Third-Country Representation) are authorized to accept form DS-2029 in those designated jurisdictions as specified in the protecting power agreement.

8 FAM 603.3-2(B)  Registering Outside Consular District in Country of Birth

(CT:CITZ-1;   06-27-2018)

For a variety of reasons, parents sometimes find it convenient, or necessary, to report the birth to a post located in a district other than the one in which the child was born.  When this happens, two different procedures may apply.

8 FAM 603.3-2(B)(1)  Registering in Another Consular District, Same Country

(CT:CITZ-1;   06-27-2018)

If the child’s birth has occurred in another consular district, but in the same country, the consular officer may proceed to complete and approve the form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America, provided there are no fraud concerns.  If the consular officer does not conclude it is appropriate to approve a form FS-240 under these circumstances, or for other reasons, the consular officer should so advise the originating post and CA/OCS/ACS, stating the reason for refusal.

8 FAM 603.3-2(B)(2)  Registering in Another Country

(CT:CITZ-48;   12-31-2020)

If the child’s birth occurred in another country, use the following procedure:

(1)  The application for the form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America, is prepared by the parent(s) or guardian(s) completing items 1 through 27 of the form DS-2029 and the oath or affirmation is administered by the consular officer in item 29.  The seal of the embassy or consulate must be included in item 29;

(2)  Forward the application together with all supporting documents to the consular officer in the district where the birth occurred;

(3)  The officer accepting the application collects the prescribed fee.  The officer who accepted the application accounts for the fee and transmits the application to the post in the consular district where the birth occurred;

(4)  The consular officer to whom the application has been transmitted examines it and lists the supporting documents in the space provided at the bottom of the application;

(5)  Approval:  If the consular officer in the district where the birth occurred approves the application, that officer:

(a)  Completes approval block (item 30) of form;

(b)  Issues form FS-240 (to be centrally printed);

(c)  Forwards issued form FS-240 application and file copy of form DS-2029 to Department for filing at the following address:

(d)  The consular officer also transmits the issued form FS-240 to the parent(s) or legal guardian(s) or to the originating post;

(6)  Take appropriate anti-fraud measures:  If the post concludes that the claim to citizenship is not established or the identity of the subject is in question, follow established anti-fraud procedures, conferring with CA/FPP (Consular Affairs, Fraud Prevention Programs) as appropriate; and

(7)  Disapproval:  Take appropriate action to enter the name in the CLASS (Consular Lookout and Support System) system.  Inform the parents in writing that the application is disapproved.  The family may, of course, submit additional evidence at any time.  The disapproval letter should be made part of the records sent to Passport Services for record keeping.

8 FAM 603.3-3  No U.S. Mission in Country of Birth - Application Outside of Country of Birth

(CT:CITZ-48;   12-31-2020)

a. If a child is born outside the country in which the application for a form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America, is made, the consular officer generally should follow the procedures in 8 FAM 603.3-2(B)(1).

b. However, in certain rare instances, CA/OCS may authorize approval of a form FS-240 at a consular post outside the country in which the birth occurred, generally when there is no U.S. diplomatic or consular representation in the country of birth, and the United States is not represented by a third country (see 7 FAM 1000).  CA/OCS may authorize approval of the form FS-240 by the consular post that has been designated as having consular authority over the country of birth.  For additional guidance on this subject consult AskPPTAdjudication@state.gov.

c.  When a birth takes place in a country in which the United States has no diplomatic or consular representative, but maintains an interests section in the embassy of a third country, the interests section accepts the report, collects the fee, and forwards the application and supporting documents to the appropriate post in the third country for adjudication (see 8 FAM 603.3-2(A)).

8 FAM 603.3-4  Guide for Completing Form DS-2029

(CT:CITZ-48;   12-31-2020)

a. Application for a form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America, must be made using form DS-2029, Application for Consular Report of Birth Abroad of a Citizen of the United States of America.

b. Application for a Consular Report of Birth Abroad of a Citizen of the United States of America adjudication chart:  The following summarizes the documentary and adjudication issues related to the form DS-2029.  Consular officers should be familiar with the provisions of 8 FAM 300, 8 FAM 400, and 8 FAM 500, as well as the proviso in 7 FAM 1420 concerning geographic place names.

c.  Part A.  This section is to be completed by the applicant parent or legal guardian.  Instructions for completing lines 1-27 are included in form DS-2029.  The parent or legal guardian, or other designated person, should complete this application.  The numbers below correspond to the numbered items on the form DS-2029:

(1)  Line 1:  Name of child in full:  Enter the name of the child as it is recorded on the local birth certificate.  Translations of foreign names are acceptable (see 8 FAM 403.1 for detailed discussion about names):

(a)  For children under the age of 5, if a parent reporting the birth claims that the local birth record shows an erroneous given name, the parent should be requested to obtain an amended, local birth certificate.  If amendment of the local birth certificate would entail unusual hardship, or is not provided for under local law, the correct given name may be used on the application when the parent reporting the birth provides an explanatory affidavit and supporting evidence reflecting exclusive use of the correct name;

(b)  This accommodation usually relates to situations in which there is a misspelling of the name on the local birth record, or where the family added or dropped a given name after the birth was registered with local authorities;

(c)  This alternative should not be used for children over the age of 5 without a review of public documents regarding their identity, such as school identification document cards, school records, insurance cards, etc.  When in doubt, consult with CA/PPT/S/A;

(d)  When the child’s name has been changed by adoption or by other court action, the new name may be recorded on the application only if it is substantiated by an adoption decree or other documentary evidence of the court action.  If a parent requests a different surname than the one appearing on the birth record, consult 8 FAM 703.4 and 8 FAM 403.1;

(2)  Line 2:  sex:  Mark (X) on the box to indicate whether the child is male or female;

(3)  Line 3:  date of birth:  Write the month in full; e.g., September 1, 2005.  Do not abbreviate;

(4)  Line 4:  place of birth:  Enter the name of the city and country;

(5)  Line 5 and 11:  enter the mother/father/parent's name as it appears on the passport and/or government issued identity document;

(6)  Line 6 and 12:  Enter all previous legal names ever used by the mother/father/parent, including name at birth;

(7)  Line 7 and 13:  Check (X) box to indicate the sex of the parent (s);

(8)  Line 8 and 14:  Enter the date of birth of the mother/father/parent(s); Write full month of birth; e.g., October 14, 2003, do not abbreviate;

(9)  Line 9 and 15:  Enter the place of birth city, state/province and country of the mother/father/parent(s);

(10) Line 10 and 16:  Enter the current physical address in the foreign country where the application is completed for the mother/father/parent(s);

(11) Line 17:  Enter the address where the parent(s) or guardian wish the issued form FS 240 to be mailed;

(12) Line 18 and 19:  Place an "X" in the "yes" box or the "no" box to indicate whether the parent(s) is/are a U.S. citizen (or U.S. non-citizen national);

(13) Line 20:  The U.S. citizen/national applying parent must enter yes or no to the question about whether he/she was married to the child's other biological parent when the child was born;

(14) Line 21:  List the date and place of the marriage and check the current status of that marriage, adding the date of death or divorce if applicable;

(15) Line 22 and 23:  List any other marriages including date of marriage, end date, if any; and how the marriage ended (death/divorce), if applicable.  If never married enter none;

(16) Line 24 and 25:  List all dates the parent(s) have been present in the United States prior to the child's birth;

    NOTE:  When doubt exists that the parent’s physical presence in the United States is sufficient to transmit citizenship, documentary evidence of the claimed physical presence is required.

(17) Line 26 and 27.  Parent(s) must list dates of periods of time abroad in the U.S. Armed forces, employed by other U.S. Government agencies, employment with qualifying international organization or as dependent of such employee prior to the child's birth;

    NOTE:  When doubt exists that the parent’s physical presence in the United States is sufficient to transmit citizenship, documentary evidence of the claimed physical presence is required;

d. Part B:  Item 28 is the affidavit of parentage and financial support to be completed by a U.S. citizen father transmitting citizenship to a child born out of wedlock:

(1)  Item 29 is the affirmation by the parent(s) that the information provided throughout the form DS-2029 is true;

(2)  Items 28 and 29 of this section is to be completed by the parent before a U.S. consular officer, designated nationality examiner, U.S. citizen consular agent, U.S. citizen military acceptance agent, U.S. notary public, foreign notary, or other person qualified to administer oath;

(3)  The informant must swear to or affirm the truthfulness of the statements in the application before a consular officer, U.S. citizen consular agent, U.S. citizen designated nationality examiner, U.S. citizen military acceptance agent, or notary public;

(4)  The informant must then list his or her name, sign the document and list relationship to the child; and

(5)  The person administering the oath should affix his or her seal, list name, title, sign the document, list their location (city), and date (mm/dd/yyyy).

e. Item 30:  This is to be completed by the consular officer or other designated person approving the issuance of the form FS-240.

f.  Part C:  The U.S. embassy or consulate must list in item 31 the documentary evidence presented in support of the form DS-2029:

(1)  This information is to be completed at the post exercising consular jurisdiction over the place of birth:

(a)  List all birth, marriage, death, or divorce documents, giving the title and issuance date of each;

(b)  Attach certified true copies of those documents or the originals, if appropriate, to the application;

(c)  If the documents are not presently available but were previously submitted in connection with a form FS-240 for other children, they should be noted by listing the name, date and place of birth of the subject of the previous form FS-240 or passport and the place where the report was completed;

(d)  In establishing physical presence, identify the nature of the documentation presented; e.g., New York school records;

(e)  All foreign language documents must be translated, at least in summary;

(f)   The section of law under which citizenship is acquired should not be cited;

NOTE:  At present, the information in line 31 entered by the adjudicating post/office is done manually.  The next revision of the forms associated with the report of birth process will strive to make the process electronic.  The ultimate goal is to have an interactive electronic process by which applicants can execute the application electronically, consular personnel can adjudicate electronically, and the record keeping system between American Citizens Services (ACS) system and Passport Information Electronic Records System interface.  In the interim, it is necessary to maintain paper records of the application and adjudication due to both the record retention of ACS system, the functions of the Vital Records Section, and for litigation, appeals, and revocations.

(2)  If the application is approved form FS-240 will be centrally printed and returned to post.

g. Part D provides additional space for use by the applicant and/or the consular officer.

8 FAM 603.3-5  Administering Jurat

(CT:CITZ-1;   06-27-2018)

A consular officer, a designated U.S. citizen nationality examiner, a U.S. citizen consular agent, a designated U.S. citizen U.S. military passport acceptance agent, or, a U.S. or foreign notary, may administer the jurat on the form DS-2029, Application for Consular Report of Birth Abroad of a Citizen of the United States of America, items 28 and 29.

8 FAM 603.3-6  Controlling Fees Collected

(CT:CITZ-1;   06-27-2018)

Collect and account for fees submitted for the issuance of form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America, as required by standard Department accounting and fiscal procedures (see 7 FAH-1).

UNCLASSIFIED (U)