DOCUMENTING A CHILD BORN ABROAD WHO ACQUIRES U.S. CITIZENSHIP AT BIRTH

Children born abroad to U.S. citizen parents may have a claim to U.S. citizenship. Applications must be made in person, by appointment only, at the American Citizen Services office of the U.S. Consulate General between the hours of 9:00 am -11:30 am, and 1:30 pm - 3:00 pm.  Click here to make an appointment.  The following is a brief description of the various circumstances under which a child born abroad acquires American citizenship.

Child born in wedlock to two U.S. citizens: A child born outside of the United States or its outlying possessions to two U.S. citizen parents is entitled to citizenship, provided one of the parents had, prior to the birth of the child, been resident in the United States or one of its outlying possessions. (No specific period of time is required.)

Child born in wedlock to one U.S. citizen parent and one non U.S. citizen parent on or after November 14, 1986: A child born outside of the United States to one U.S. citizen parent and one non-U.S. citizen parent may be entitled to citizenship providing the U.S. citizen parent had been physically present in the United States or one of its outlying possessions for five years, at least two years of which were after s/he reached the age of fourteen. This period of physical presence must have taken place prior to the birth of the child.

Child born in wedlock to one U.S. citizen parent and one non-U.S. Citizen parent between December 24, 1952 and November 13, 1986: A child born outside of the United States to one U.S. Citizen parent and one non-U.S. Citizen parent, may be entitled to citizenship providing the U.S. Citizen parent had, prior to the birth of the child, been physically present in the United States for a period of ten years, at least five years of which were after s/he reached the age of fourteen.

Child born out of wedlock to a U.S. Citizen mother: A child born outside of the United States and out of wedlock to a U.S. Citizen mother is entitled to U.S. citizenship providing the U.S. Citizen mother had been physically present in the United States for a continuous period of at least one year at some time prior to the birth of her child. (NOTE: The U.S. citizen mother must have lived continuously for one year IN THE UNITED STATES OR ITS OUTLYING POSSESSIONS. Periods spent overseas with the U.S. government/military or as a government/military dependent, may NOT be computed as physical presence in the U.S.).

Child born out of wedlock to a U.S. Citizen father: A child born outside of the United States to an U.S. Citizen father where there is no marriage to the non-American mother is entitled to U.S. Citizenship providing the American citizen father had been physically present in the United States for the period of time as specified in previous paragraphs for children born in wedlock to one U.S. Citizen and one non-U.S. Citizen parent, either before or after November 14, 1986; and

• the alien mother completes an "Affidavit to establish paternity of child" at this office before a consular officer; and
• the father signs a sworn statement （Affidavit of Paternity and Statement of Support）acknowledging paternity and agreeing to provide financial support for the child until s/he reaches the age of 18 years; or 
• the child is legitimated under local law (note: this is not possible under Chinese law); or
• paternity is established by a competent court before the child attains the age of 18 years; 

  Reporting Birth Abroad

  The American parents of a child born in China should report the birth to the Consulate General. The Consulate General will issue a Consular Report of Birth Abroad (Form FS-240), and a U.S. passport, which will be needed for the child to depart China. The Report of Birth Abroad may be used as a birth certificate for school, work, or other purposes.

  When you apply for a Consular Report of Birth Abroad, you will also be able to apply for a Social Security number at the same time. The number will be mailed to you approximately four months after registration.

  Original documents must be presented with the application. An affidavit acknowledging at least one parent meets the physical presence in the United States requirement for transmitting citizenship to the child must be filled out as part of the application. All original documents will be reviewed by a consular officer and returned to the applicant. Please bring the following:

  1. An original of the child's Chinese birth certificate along with an English translation (This translation does not need to be notarized)
  2. Applicant's parents' passports, or other proof of their citizenship and identity
  3. If the parents are married, original marriage certificate or certified copy of marriage certificate of child's parents and certified copies of divorce decrees if either was previously married 
  4. Evidence of physical presence in the U.S., if only one parent is an American citizen. Details please see below. 
  5. Two recent 2x2" (5x5 cm) photos, see photo requirements
  6. The baby/child must appear in person with the parents
  7. Application Form DS-2029 must be filled out in English.
  8. Notarized form “Statement of Physical Presence” signed by the American Citizen parent.

  Note: 1. All documents must be originals or certified copies of the original. 
          2. The fee for the Consular Report of Birth Abroad is US$65. 
          3. If the child’s U.S. Citizenship is established, a U.S. passport can be issued to the child upon application. The fee for a minor’s passport is US$85.

  Physical Presence

  This is the actual time when the parent was physically within the borders of the United States. This means that any travel outside the United States, including vacations, must be excluded. Maintaining a residence in the U.S. does not constitute physical presence. Please submit old passports as evidence, including Chinese passports used to enter or leave the United States. Other evidence may be required. Note: Any periods of time spent overseas with the United States Military/Government or qualifying international organization (such as the United Nations) may be computed as physical presence in the United States for transmission of citizenship purposes. Time spent as a dependent of such person may also be computed as physical presence. Military records or other proof may be requested.

  Additional Instructions:

  In cases where the American citizenship of a child is to be established, consular officers may require other documentation before a Consular Report of Birth Abroad or passport can be issued. The consular officer will inform you of what documents may still be required.

  These documents should not be mailed to the Consular Section. They should be presented in person at the time an application is filed at the Consulate which has jurisdiction over the applicant's place of birth or current place of residence. There is a fee of $85 USD for a passport and $65 USD for the Consular Report of Birth Abroad.

  Please note, as soon as a U.S. passport is issued, the baby's parents must apply for a Chinese visa to ensure that they don't have problems leaving the country. However, if one parent of the child is a Chinese citizen and the child was born in China, the Chinese government may consider the child a Chinese citizen. In that case, the child will have to obtain a Chinese passport before leaving the country. The child will still be a U.S. citizen and should always use his/her U.S. passport for international travel after departing China. Please contact the exit and entry administration office of the local Public Security Bureau for more information.

  If you have any questions feel free to email us, or call (020) 8518-7605 during business hours.