So then after filling out your CRBA, and meeting other statutory requirements, and if the “U.S. embassy or consulate determines that the child acquired U.S. citizenship at birth, a consular officer will approve the CRBA application and the Department of State will issue a CRBA, also called a Form FS-240, in the child’s name.”
So then they make his citizenship retroactive to his birth or just call it “citizenship at birth” for statutory reasons and the CRBA becomes his American birth certificate forever acknowledging that he was born in a foreign country.
And this is a natural born citizen???
This is the process used for every child of U.S. Military servicemembers born overseas.
Citizenship for Children Born to Servicemembers Overseas
Question: Are my children who were born overseas US citizens, or can I help them become U.S. citizens?
CAUTION: This is a very complex area of the law. Be careful about trying to do this on your own. Get legal advice, if you can, before seeking citizenship of a child.
Which children born abroad are U.S. citizens at birth?
Certain children born outside the U.S. to U.S. citizens are citizens from the moment they are born. The law on this has changed many times since the early 1900’s. The law in effect on the date of the child’s birth is the law that controls. This discussion refers to the law that has been in affect since November 14, 1986. A child born outside the U.S. after that date is a U.S. citizen at birth in the following situations:
The child’s parents were married before the child was born, and both are U.S. citizens. At least one of the parents has lived at some point in the U.S. before the child’s birth.
The child’s parents were married before the child was born. One parent is U.S. citizen and the other is a U.S. national. The U.S. citizen parent lived continuously for at least one year in the U.S., or a U.S. possession, at some point before the child’s birth.
The child’s parents were married before the child was born. One parent is U.S. citizen and the other is a noncitizen. Before the child’s birth the U.S. citizen parent lived for at least five years in the U.S. At least two of those years were when the U.S. citizen parent was older than 14.
The child’s parents were unmarried when the child was born. The child’s mother is a U.S. citizen. The mother lived continuously for at least one year in the U.S. at some point before the child’s birth.
The child’s parents were unmarried when the child was born. Only the child’s father is a U.S. citizen. Before the child’s birth, the father lived for at least five years in the U.S. At least two of those years were when the father was older than 14. Time living abroad while on active duty in the U.S. military counts as time living in the U.S. Before the child’s 18th birthday, the father legitimated the child:
• through marriage, or
• through the appropriate legal process in the country where either the child or the father lived.
Or the father acknowledged paternity in writing under oath, or paternity was established by a competent court, and the father agreed in writing to financially support the child until the child turned 18.
A child born abroad who is a U.S. citizen from birth can apply (or his parents can apply) for a certificate of birth abroad, and for a U.S. passport, from the nearest U.S. consulate.
Again, applying these laws can be complicated, especially those described above at numbers 2 -5. So it is best to speak with an experienced attorney. She or he will help you to better understand the process. Also, speak with a lawyer if you have questions about the citizenship of a child born abroad to a U.S. citizen prior to November 15, 1986. The rules were different then.