Birth of U.S. Citizen Abroad

Birth of a Citizen Abroad - Derivative Claims to U.S. Citizenship

(For first-time claims to US citizenship by those over 18 years old)

The derivative claim to U.S. citizenship of an applicant depends on the existence of a legal and blood relationship between the applicant and the U.S. citizen parent(s).

Supporting Documents for Adjudication of U.S. Citizenship

All supporting documents presented with the application must be either original, or copies certified by the issuing authority and bearing the official seal and signature. Photocopies of documents certified by a Notary Public are not acceptable. An official written translation is required for any documents issued in languages other than English. 

1. Birth certificate of the applicant. 

Certified true copy of the applicant's birth certificate issued by the  competent authority (National Statistics Office (NSO)). The certificate must bear the official seal and signature of the issuing authority. An Extract of Birth or hospital record is not acceptable. 

2. Evidence of parent’s U.S. citizenship Submit any of the following:

 Certified true copy of U.S. birth certificate with original seal of the vital records office
 U.S. passport
 Certificate of Naturalization or Citizenship
 Consular Report of Birth Abroad or Certification of Birth Abroad 

3. Marriage certificate. 

Certified true copy of the parents' marriage certificate bearing the official seal of the competent authority (from NSO if married in the Philippines).

4. Evidence of termination of previous marriages.

Documentary evidence of termination of previous marriages (e.g. divorce decree, death certificate, etc.) for previously married parents.

5. U.S. citizen parent’s physical presence in United States. 

Documentary evidence of the U.S. citizen parent’s physical presence in United States prior to the applicant's birth, including periods outside the United States while serving the U.S. military forces or U.S. government agencies (if applicable). Documentary proof may consist of old/current passports, military record (statement of service/history of assignments), employment record (leave and earning statement w/W-2 form), school record, etc.

6. Evidence of the applicant's identity.

Currently valid identity document(s) bearing your name, signature and physical description or photograph (e.g. passport, driver's license etc). If you cannot present an ID, a witness who is a U.S. citizen or permanent resident alien of the United States and has known you for at least 2 years is required to attest to your identity. Such a witness must complete and sign an "Affidavit of Identifying Witness" (Form DSP-71) in the presence of the consular officer. 

7. Evidence of parentage.

If the applicant was born out of wedlock to one U.S. citizen parent, in addition to items 1 through 7, also submit a completed "Affidavit of Parentage and Physical Presence in the United States" to be signed by the U.S. citizen parent in the presence of the consular officer. Other credible evidence of parentage may be required, especially in cases where the only U.S. citizen parent is unavailable or deceased at the time of application. Certain applicants in these cases are also required to comply with certain legitimating laws. 

8. Proof of parents' physical presence in the same location during the approximate time of the child's conception.

 Old or current passports with entry/exit stamps
 Military orders, etc.

NOTE: You may be asked to provide additional information/documents other than in the foregoing depending on the complexity of the citizenship case.