Registering a Child Born Abroad as A US Citizen

A child born outside the United States may have a claim to United States citizenship if one (or both) of the parents is a U.S. citizen. In either case, the parents should report the birth to the United States Consular office having jurisdiction over the child’s place of birth (the US Embassy in Luxembourg). If the child was not born in Luxembourg, contact the Consular Section for more information.

To report the birth of a child, personal appearance both of the American parent and the child is required in front of a U.S. Consular Officer. The person reporting the birth of a child must complete an “Application for a Consular Report of Birth Abroad”. This document can be mailed upon request. We recommend that you apply for the social security number as well, to do so please complete the form SS-5.

The supporting documents listed below must be presented:

• The child’s Luxembourg (or local) birth certificate (or certified copy)
• Evidence of U.S. citizenship of the parent(s). A U.S. passport or state certified copy of a U.S. birth certificate is acceptable. The non-US parent has to present ID as well.
• Evidence of marriage: in cases where the marriage took place in the United States, the original of the parents’ marriage certificate. If the marriage took place in Luxembourg or elsewhere other than the U.S., the original document or a family book will be accepted instead.
• Evidence of dissolution of any previous marriage(s) of the parent(s), if applicable (divorce record or decree). The original or a certified copy is required.
• Physical Presence Sheet (available at the Consular Section), relative to the American parent’s precise periods of residence in and out of the United States.
• Affidavit of Paternity, in case the child was born out of wedlock to a U.S. citizen father who, after the child’s birth, married the alien mother.

For all documents in a language other than English or French, an English translation may be required. Original documents will be returned, with the exception of the child’s Luxembourg birth certificate, which will be retained by the Consular Officer for transmittal to the Department of State where your child’s birth will be permanently registered.

The Report of Birth fee is $65.00, or equivalent in Euros.

Click here How to apply for a certified copy (duplicate) of a Consular Report of birth abroad

Requirements of the U.S. Immigration and Nationality Act for Transmission of U.S. Citizenship to Children Born Abroad

A Consular Report of Birth Abroad is a formal document certifying the acquisition of U.S. citizenship at birth of a person born abroad. Under U.S. law it is full proof of U.S. citizenship. The application for a Consular Report of Birth Abroad may only be made abroad, and must be submitted in the Consular district in which the birth occurred before the child’s 18th birthday.

 

A. Children born in Wedlock

1) Born to two U.S. citizen parents

If either parent has resided in the United States prior to the birth of the child, the child acquires U.S. citizenship under the provisions of Section 301 (c) of the United States Immigration and Nationality Act. There is no requisite period of residence for the parents in the United States, but it must have been at some time prior to the child's birth.

2) Born to one U.S. citizen and one alien parent after November 14, 1986

The U.S. citizen parent must have been physically present in the United States for a period (or periods totaling) five years prior to the birth of the child, at least two years of which were after the U.S. citizen parent reached the age of fourteen years. If this requirement is met, the child acquires U.S. citizenship under the provisions of Section 301(g) of the Immigration and Nationality Act (as amended by Public Law 99-653 of November 14, 1986).

B. Children Born out of Wedlock

1) Born to a U.S. citizen mother

The U.S. citizen mother must have been physically present in the United States for a continuous period of at least one year before the child's birth. This period of presence may have been at any time before the child's birth. If this requirement is met, the child acquires U.S. citizenship under the provisions of Section 309(c) of the United States Immigration and Nationality Act.
The 1966 amendment to section 301 INA allowing members of the U.S. armed forces, employees of the U.S. Government and certain international organizations, and their dependents to count certain periods outside the United States as U.S. physical presence does not apply to section 309(c) INA.  For this reason, the mother of a child born out of wedlock cannot use time spent abroad as a military dependent, for example, to satisfy all or part of the requirement of continuous physical presence in the United States for 1 year.

2) Born to a U.S. citizen father and an alien mother

In November 1986, the United States Immigration and Nationality Act was amended to permit a child born out of wedlock to a U.S. citizen father and an alien mother to acquire U.S. citizenship at birth based upon clear and convincing evidence of paternity. The father must have fulfilled the appropriate physical presence requirements under Section 301(g) of the United States Immigration and Nationality Act (ten or five years of physical presence as explained).
In addition, the United States citizen father must:
• Sign a written agreement to provide financial support until the child reaches the age of eighteen years; and
• Make a statement under oath acknowledging parentage, or legitimate the child under the law of the child's residence or domicile; or, have the paternity of the child adjudicated and established by a competent court.

C. Burden of proof rests solely upon the applicant(s). 

The American citizen parent should bring as much evidence as possible of his/her physical presence in the United States from his/her birth until the birth of the child. School report cards or transcripts, employment records, income tax returns, W-2 forms, social security earnings statements, pay receipts, and passport entry/exit stamps, etc. are examples of documents that can be used for this purpose.  Any document may be submitted if it shows periods of physical presence in the United States.  Physical presence is constituted by any time spent in the U.S. as a tourist, student, lawful permanent resident (LPR), or citizen.  The above documentation must be submitted as either an original or copy certified by the issuing authority. If the documents are not in English, French or German, they must be accompanied by certified translations.
In addition to periods of physical presence in the United States, a child’s claim to U.S. citizenship may depend on information about a parent’s physical presence abroad. For purposes of Section 301(g) or former Section 301(a)(7) INA, time spent abroad by a U.S. citizen parent under the following circumstances can be counted as U.S. physical presence:
(1) Service in the U.S. Armed Forces;
(2) Service as a U.S. Government employee;
(3) Service with a qualifying international organization; or
(4) Periods of time as a dependent unmarried son or daughter and member of the household of someone to whom any of the first three types of service applies.
Information on how to obtain discharge papers from the military (DD-214) is available on http://www.archives.gov/veterans/evetrecs/index.html

D. Not Enough U.S. Physical Presence?

If you are an American citizen who does not have enough U.S. physical presence to transmit your U.S. nationality to your child, a grandparent may be able to do so via the Child Citizenship Act of 2000. 
The Child Citizenship Act of 2000 (expeditious naturalization) allows certain foreign-born, biological and adopted children of American citizens to acquire American citizenship automatically. These children did not acquire American citizenship at birth, but they are granted citizenship when they enter the United States as lawful permanent residents (LPRs).

The application for expeditious naturalization must be filed with the Bureau of Citizenship and Immigration in the U.S. and approved before the child’s 18th birthday. The child’s U.S. grandparent must meet the physical presence requirements of section 301(g) in lieu of the parent (even a deceased grandparent may transmit US citizenship). The child has to travel to the U.S., the Embassy can issue a B-2 non-immigrant visa for this trip if necessary.
Alternatively, you may file an Immigrant visa petition for an Immediate Family Member.

More information is available on http://www.travel.state.gov/family/adoption/info/info_456.html
and http://www.travel.state.gov/family/adoption/info/info_457.html

U.S. passport application

We recommend that you apply for your child’s first passport at the same time.

Click here for more information about forms and photograph requirements http://luxembourg.usembassy.gov/passports.html or contact the Consular Section if you need further information.

The passport fee for a minor is $85.00, or equivalent in Euros.

Special requirements for children under 16 - more info ...

We encourage both parents to come to the Embassy and sign the child’s application in front of the Consular officer. If this is not possible the non-present parent has to submit a signed and notarized statement of consent in English and a copy of his/her ID.

The statement must give the non-appearing parent's unequivocal and unconditional consent to the issuance of the passport. This statement can be notarized at no charge at a U.S. Embassy or Consulate abroad. Statements notarized by foreign officials will be accepted, but must be in English.

Applying parents may use the form supplied by the Department which can be downloaded on the official website DS-3053 or an affidavit of their own.

The child must be present at the time of the application.  To avoid a long wait with a small child, we recommend that you call in advance (460123- ext.2225/2226) to arrange for an appointment.

Please do not hesitate to contact the Consular Section if you need further information or assistance concerning the documentation.  

Social Security Number

The Consular Section will forward your application to the regional Federal Benefits Unit in Brussels. Once a Social Security number has been assigned, the Social Security card will be sent directly to your current address.