Consular Report of Birth Abroad · Form FS-240
A child born abroad can be a U.S. citizen from birth. The CRBA proves it.
We help U.S. citizen parents work out which citizenship rule applies to their child, build the record of the parent's time in the United States, and prepare the CRBA application for the embassy or consulate.
Citizenship does not pass automatically just because one parent is a citizen. In most families, the U.S. citizen parent must have spent a required amount of time physically in the United States before the child was born, and the consulate will ask for proof.
Who transmits citizenship
The family's situation at the birth decides which rule applies.
The Immigration and Nationality Act sets different requirements depending on whether one or both parents are citizens, whether they were married, and when the child was born. These are the common cases for children born today.
Married U.S. citizen parents
Under INA § 301(c), a child born abroad to two U.S. citizen parents is a citizen if one of them had a residence in the United States before the birth. The question is residence, not a set number of years.
Married, one U.S. citizen parent
Under INA § 301(g), the citizen parent must have been physically present in the United States for at least five years before the birth, at least two of them after turning 14.
Child born out of wedlock to a U.S. citizen father
The five-year presence rule applies, plus INA § 309(a): a blood relationship shown by clear and convincing evidence, a written promise of financial support until 18, and legitimation, a sworn acknowledgment, or a court finding of paternity before the child turns 18.
Child born out of wedlock to a U.S. citizen mother
For births on or after June 12, 2017, the mother needs the same five years of presence, two after age 14. For earlier births, one continuous year of presence before the birth is enough.
Military and government time can count
Honorable service in the U.S. Armed Forces, U.S. government employment, or work for a qualifying international organization can count toward the parent's presence, and so can time abroad as that person's unmarried dependent child.
Assisted reproduction and surrogacy
The State Department requires a biological relationship with the citizen parent. A father's is genetic; a mother's can be genetic or gestational. Families who used donors or a surrogate should review this before applying.
Older births follow older versions of the law. If the child was born before 1986, or the facts do not fit one of these cards, the analysis needs the rule in force on the birth date.
What the application proves
The consulate decides on the documents in front of it.
Under 22 C.F.R. § 50.5, the parent or legal guardian applies at the embassy or consulate and must prove the child's birth, identity, and citizenship.
The birth
Usually the local birth record. If none exists, the regulation allows other proof, such as a hospital certificate or an affidavit explaining why the record is unavailable.
The parent's citizenship
A U.S. passport, birth certificate, naturalization certificate, or certificate of citizenship for the parent who transmits citizenship.
The parent's time in the United States
When the rule requires physical presence, the regulation calls for evidence of it. This is where most applications need the most work.
The family relationship
The marriage certificate if the parents were married, and for an unmarried citizen father, the INA § 309(a) documents. A consular officer may suggest DNA testing when the records leave doubt.
Physical presence
Five years is counted in days, and every day needs a record.
Physical presence means time actually spent in the United States. It is not the same as residence, and trips abroad come out of the total.
Time that can be included
- Any time spent in the United States, even without keeping a U.S. home
- For naturalized parents, time both before and after naturalization
- Honorable U.S. military service and qualifying government or international-organization work
- Time abroad as the unmarried dependent child of a person serving or employed that way
- Only time before the child's birth, and for the five-year rule, at least two years after the parent turned 14
Records that usually prove it
- School transcripts and report cards, year by year
- Tax transcripts, W-2s, pay records, and Social Security earnings statements
- Leases, utility bills, and medical or vaccination records
- Military discharge papers or government employment records
- Old passports showing entry and exit stamps, to account for time abroad
A parent who grew up partly abroad, or moved often, is the case where records matter most. We build the timeline before the appointment, not after a refusal.
How it works
The application is filed abroad, and the preparation happens first.
A CRBA is issued by the U.S. embassy or consulate where the child was born. Our work is making sure the application answers the officer's questions before they are asked.
- 01
Identify the rule
We confirm the birth date, the parents' marital status, and which parent is the citizen, and match them to the governing section of the INA.
- 02
Build the presence timeline
We map the citizen parent's years in the United States against the requirement and find the records that prove each period.
- 03
Assemble the application
We prepare the State Department's CRBA application and organize the birth, citizenship, relationship, and presence evidence.
- 04
The consular appointment
The family attends at the embassy or consulate, usually with the child. We prepare the parents for the officer's questions about their history.
- 05
Decision and documents
If approved, the Consular Report of Birth Abroad (Form FS-240) is issued. Families often apply for the child's first U.S. passport at the same time.
When to get help
Some families can file alone. These cases are better reviewed first.
A refusal is harder to fix than a well-prepared first application.
If the citizen parent's time in the United States is close to the requirement, assemble the proof before booking the appointment.
- Gaps in the record. Years without school, work, or tax records, or a childhood split between countries.
- Unmarried parents. The INA § 309(a) steps for a citizen father, or the date rule for a citizen mother.
- Donors or surrogacy. The biological-relationship requirement can change the answer.
- A prior refusal. We review what the officer found missing and what new evidence can answer it.
- An older child or adult. The route may be a passport or a Certificate of Citizenship instead.
Other ways to document citizenship
If a CRBA is not the right document, citizenship can still be proven.
A person who became a citizen at birth stays a citizen whether or not a CRBA was ever issued. The question is which document fits now.
Certificate of Citizenship
A person in the United States can apply to USCIS on Form N-600. An adult can file on their own behalf. Like a CRBA, the certificate does not expire.
Citizenship and naturalizationA U.S. passport
A valid passport is also proof of citizenship, though it expires. The same birth, citizenship, and presence evidence supports the application.
Child Citizenship Act
A child who did not become a citizen at birth may still qualify later under INA § 320 or § 322. That citizenship is documented through USCIS, not with a CRBA.
Family-based immigrationPrivate two-minute guide
Which rule is your family's starting point?
Answer three general questions. The guide suggests where a review should start; it does not decide citizenship or send your answers to the firm.
Official sources
Where the rules are published.
Requirements and procedures are set by statute and by Department of State and USCIS guidance. Check the current versions before filing.
Common questions
Questions families ask about the CRBA.
General answers to help you prepare. They do not decide citizenship or create an attorney-client relationship.
What is a Consular Report of Birth Abroad?
It is Form FS-240, issued by a U.S. embassy or consulate to document that a child born outside the United States acquired U.S. citizenship at birth. It does not expire.
Does the CRBA make my child a citizen?
No. The law makes the child a citizen at birth if the requirements were met. The CRBA is the government's record of that, and it serves as proof of citizenship.
How much time must the U.S. citizen parent have spent in the United States?
It depends on the family. When one parent is a citizen, the usual rule is five years of physical presence before the birth, two after age 14. Two married citizen parents need only a prior U.S. residence by one of them. Some births to unmarried citizen mothers before June 12, 2017 need one continuous year.
Do vacations and short trips to the United States count?
Time physically spent in the United States counts even without a U.S. home, so visits can add up. They have to be proven with records, and only time before the child's birth counts.
We were not married when our child was born. Can our child still be a citizen?
Often, yes. A citizen father must also meet INA § 309(a), including a written support promise and legitimation, a sworn acknowledgment, or a court finding of paternity before the child turns 18. A citizen mother's requirement depends on the birth date.
We used IVF with a donor or a surrogate. Does that matter?
It can. The State Department requires a biological relationship with the citizen parent. For a father that means a genetic link; for a mother, a genetic or gestational link. These cases should be reviewed before applying.
Our child is now in the United States. Can we still get a CRBA?
The CRBA is handled by the embassy or consulate abroad. A child or adult in the United States can usually document citizenship with a U.S. passport or a Certificate of Citizenship from USCIS on Form N-600.
What if the consulate refuses the CRBA?
A refusal usually points to missing evidence, often of the parent's physical presence or the family relationship. We review the refusal and what new evidence can answer it before a new application.
Is there a government fee?
Yes. The Department of State charges a fee for the CRBA, and the amount changes. Check the current figure with the embassy or consulate, or see our filing fees page for other forms.
Can you help families outside Pennsylvania?
Yes. Citizenship and CRBA matters are federal, so we can help families wherever the child was born, working by phone and video in English and Spanish.
CRBA help at a glance
- Who we help
- U.S. citizen parents of children born abroad, and adults born abroad who need proof of citizenship.
- Main rules
- INA § 301(c), § 301(g), § 309(a), and § 309(c), as applied by the Department of State.
- Document issued
- Consular Report of Birth Abroad, Form FS-240. It does not expire.
- Where it is filed
- The U.S. embassy or consulate for the child's place of birth.
- Other routes
- U.S. passport; Certificate of Citizenship (Form N-600) through USCIS.
- Languages
- English and Spanish.
- Office
- 609 W. Hamilton Street, No. 102, Allentown, PA 18101 · (484) 763-4984
Information reviewed against official sources, including INA §§ 301 and 309, 22 C.F.R. part 50, 8 FAM 301.4 and 301.7, and the USCIS Policy Manual, on October 4, 2026. This page provides general information, not legal advice; it does not decide anyone's citizenship or create an attorney-client relationship. Rules for older births differ, and fees and procedures change.
Reviewed and updated
Birth date · Parents · Presence
Bring the birth certificate and the parent's passport. We will map the rest.
A first review can start with the child's birth record, the citizen parent's proof of citizenship, and a rough list of where that parent lived each year.
English and Spanish · Allentown · Pennsylvania · New Jersey · New York · Representation where permitted