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Consular Report of Birth Abroad
 

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 (for children born in Luxembourg it is the U.S. Embassy in Luxembourg). If the child’s claim to U.S. citizenship is confirmed, a 'Consular Report of Birth Abroad', equivalent to a U.S. birth certificate, will be issued. The Consular Section can accept applications from children born in neighboring countries; those applications have to be forwarded to the competent Embassy/Consulate in the country where the child was born.

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 parent reporting the birth of a child must complete an “Application for a Consular Report of Birth Abroad”, DS-2029. We recommend that you complete an application for a social security number (SS-5) as well, which will be processed by the Social Security Administration.

The supporting documents listed below must be presented:

 1) The child’s Luxembourg (or local) birth certificate (or certified copy). Luxembourg authorities issue an international birth certificate upon request.

 2) Evidence of U.S. citizenship of the parent(s). A U.S. passport or U.S. birth certificate (must be presented with an identifying document) is acceptable. The non-US parent has to present passport/national identity card as well.

 3) Evidence of marriage if applicable: if marriage took place in the United States, the original (as opposed to a religion certified document) of the parents’ marriage certificate. If the marriage took place in Luxembourg or elsewhere other than the U.S., the original marriage certificate or a family book is acceptable.

 4) If the child was born in wedlock, 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.

The American parent must be able to provide proof of physical presence in the U.S. as explained below:

 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 (one day is sufficient), 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;

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.

Discharge papers and military service records (DD-214) can be requested from the National Archives .

 For all documents in a language other than English, German 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 sent to the Department of State archives, where your child’s birth will be permanently registered. The fee for the Report of Birth is $100, or equivalent in Euros.

 We recommend that you apply for your child’s first passport at the same time. More information about forms and photo requirements is available on the Embassy's website at http://luxembourg.usembassy.gov/passports.html. Please fill in the application form DS-11 but do not sign yet. The passport fee for a child is $105, or equivalent in Euros (major credit cards will be accepted as well).

 The child and both parents have to be present at the Embassy when applying for the child’s passport.

 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 passport. This statement can be notarized at no charge at a U.S. Embassy or Consulate abroad. Statements notarized by foreign officials (e.g. the ‘commune’ of residence in Luxembourg) will be accepted, but must be in English.

Special family circumstances (e.g. sole legal custody) may allow one parent to sign the passport application form without the consent of the other parent. Please use form DS-5525 in that case.  

IMPORTANT NOTICE

The Consular Section will be closed on

Tuesday, December 16, 2014 (no online appointments, no pick-up)

 

Hours for registration of birth and passport services are Thursday, 8:15-11am and 1:30-3pm (walk-in) and Monday 1:30-2pm (by appointment). We strongly recommend to ask for an appointment. Please contact the Consular Section directly at Luxembourgconsular@state.gov  

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