7 FAM 1440

CONSULAR REPORT OF BIRTH OF A CITIZEN/NON-CITIZEN NATIONAL OF THE UNITED STATES

(CT:CON-766; 12-20-2017)
(Office of Origin: CA/PPT/S/A)

7 FAM 1441 INTRODUCTION

7 FAM 1441.1 Summary

(CT:CON-766; 12-20-2017)

a. Form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America, is a formal document certifying the acquisition of U.S. citizenship at birth by a person born abroad to a U.S. citizen parent(s). Under U.S. law (22 U.S.C. 2705) it is proof of U.S. citizenshipin legal terms, it establishes a prima facie case of U.S. citizenship. Records of the issuance of Form FS-240 are maintained in the Passport Information Electronic Records System (PIERS) feature. Vital Records in PIERS are proof of U.S. citizenship and may be accessed by consular officers and passport specialists for emergency verification of citizenship. (See 7 FAM 1300 Appendix I.)

b. U.S. non-citizen nationals are also eligible for a Consular Report of Birth. When processing applications for these individuals, the consular officer must select the non-citizen national option in the automated system to ensure that the FS-240 is printed using the non-citizen national option. The non-citizen national status should also be reflected in the notes portion of the application.

c. Effective January 17, 2011, the Bureau of Consular Affairs began issuing a completely redesigned Form FS-240, Consular Report of Birth Abroad (CRBA). The new CRBA has been updated with a variety of security features. From the time of introduction of the original FS-240 in 1919, CRBAs were printed at our embassies and consulates around the world. Overseas posts continue to adjudicate the citizenship of children born overseas, but the CRBAs are now printed at our Tucson and Arkansas Passport Centers, using the information provided by the overseas posts. By centralizing production and eliminating the distribution of controlled blank stock throughout the world, we will help ensure uniform quality and lessen the possibility of fraud and misuse.

d. In January 2011, the Form DS-2029, Application for Consular Report of Birth Abroad of a Citizen of the United States of America, was modified to include gender-neutral parent designation "Parent" In addition to the Mother/Father designations.

e. The Bureau of Consular Affairs is still in the process of reviewing its policy guidance regarding assisted reproductive technology (ART) and U.S. citizenship. Questions regarding how to list a parent or parents on a Form FS-240 or a Form DS-2029 for births abroad to U.S. citizen parent(s) involving ART must be referred to the Bureau of Consular Affairs, Directorate of Overseas Citizens Services, Office of Legal Affairs (CA/OCS/L) (ASK-OCS-L@state.gov) for advisory opinion pending resolution of these policy issues. CA/OCS/L will provide a prompt advisory opinion.

f. The Form FS-240 is not a birth certificate, such as is issued by a government-authorized bureau or office of vital statistics, because consular officers are not authorized to assume a foreign local or state vital statistics function. The Form FS-240 is a consular declaration of the fact of acquisition of U.S. citizenship at birth based upon:

(1) The certification of, or attestation to, the facts of birth by a legally authorized local official in the place where the birth occurred;

(2) The affidavit executed by the parent(s) or legal guardian(s) or other evidence regarding the physical presence of the U.S. citizen/national parent(s), or in the case of two citizen parents, residence, necessary to transmit U.S. citizenship/noncitizen nationality to the child;

(3) Evidence of the physical relationship between the U.S. citizen and the child;

(4) Evidence of the legal relationship between the U.S. citizen and the child, such as proof of the U.S. citizen/national parent(s)s citizenship and marriage or for births out of wedlock, legitimation in accordance with Section 309 INA (8 U.S.C. 1409) or predecessor statute, and an affidavit of parentage and financial support if the child is born out of wedlock to a U.S. citizen father;

(5) Evidence of citizenship/nationality of the U.S. citizen/national parent(s); and

(6) Consular adjudication of the childs claim to U.S. citizenship. (See 7 FAM 1100.)

g. The purpose of issuing a Form FS-240 is to provide a record of the acquisition of U.S. citizenship at birth by a child born in a foreign state that can be used by that citizen throughout life.

h. Current forms related to the Form FS-240 procedure include:

(1) Form DS-2029, Application for Consular Report of Birth Abroad of a Citizen of the United States of America; and

(2) Form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America, issued by U.S. embassies and consulates abroad; see Exemplars on CA/OCS Intranet.

i. Previous forms related to the Form FS-240 procedure include:

(1) Form DS-1350, Certification of Birth, issued by Passport Services Vital Records Section;

(2) Previous Form FS-545, Certification of Birth (prior to 1990, consular officers abroad issued the certification of birth); and

(3) Previous Form FS-579, Application for Consular Report of Birth Abroad of a Citizen of the United States of America.

j. The previous version of Form FS-240 resembles the application Form DS-2029 more than it does the current Form FS-240. Either version of Form FS-240 may still be accepted as evidence of acquisition of citizenship.

7 FAM 1441.2 Social Security Number (SSN) Applications For U.S. Citizen Minors Born Abroad

(CT:CON-766; 12-20-2017)

a. The Social Security Administration (SSA) has informed the Department that it can no longer accept Form DS-2029, as an application for a Social Security Number (SSN). This change was effective November 20, 2006.

b. 7 FAM 530 reflects the new SSA requirements when published.

c. The Social Security Web page provides guidance on completion of Form SS-5-FS, Application for a Social Security Card.

d. For information about SSA requirements on establishing the identity of a minor born abroad applying for a Social Security Number using Form SS-5-FS, see 7 FAM 530.

See the SSAs new rules for getting a Social Security Number and card: SSA Publication 10002 SSA Publication 10023 SSA 00203.200 Evidence of Identity for an SSN Card

7 FAM 1441.3 Role of the Consular Officer

(CT:CON-419; 09-04-2012)

The consular officer is responsible for adjudication of a U.S. citizenship claim for applicants for a Form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America. This includes assessment of the validity of the citizenship claim (see 7 FAM 1100), review of the evidence of identity (see 7 FAM 1320) and evidence of citizenship/noncitizen nationality (see 7 FAM 1330).

7 FAM 1441.4 Role of CA/OCS

(CT:CON-766; 12-20-2017)

a. Consular Affairs, Overseas Citizen Services, American Citizen Services (CA/OCS/ACS) can assist posts in adjudication of Form DS-2029, Application for Consular Report of Birth Abroad of a Citizen of the United States of America.

b. Office of Legal Affairs (CA/OCS/L) (ASK-OCS-L@state.gov) can assist with the analysis of and provide advisory opinions on about complex legal questions. CA/OCS/L also reconsiders previous findings of disapproval of a Form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America, and review of a case for possible revocation of a Form FS-240 before it is directed to Office of Legal Affairs and Law Enforcement Liaison, Legal Affairs Division (CA/PPT/S/L/LA) for revocation. (See 7 FAM 1441.6 and 7 FAM 1380.)

7 FAM 1441.5 Passport Services Vital Records Section

(CT:CON-766; 12-20-2017)

a. The Vital Records Section of Passport Services (CA/PPT/S/TO/RS/DO/VR) is an integral part of the Records Services Division of Passport Services. The sections mission is to manage the various vital records under the purview of the Bureau of Consular Affairs (CA) and to issue certified or authenticated copies of such records pursuant to authorized requests. The Vital Records Section also affixes apostilles on consular birth, marriage, and death records in accordance with The Hague Legalization Convention (see 7 FAM 876).

b. Delegation of Authority: Under Delegation of Authority Number 143 from the Under Secretary for Management dated October 30, 1981, the Assistant Secretary for CA is authorized to issue certificates of authentication and certifications under the seal of the Department of State and in the name of the Secretary of State or the Acting Secretary of State, for documents maintained by Passport Services. This authority has been redelegated to officers in Passport Services Vital Records Section.

c. Passport Services Vital Record Section review of issued Form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America: The Vital Records Section of Passport Services reviews the citizenship status of those requesting authenticated copies of an issued Form FS-240 to ensure that the subject of the record is still a U.S. citizen. Passport Services Vital Records Section denies the release of records when it determines that the subject is not a U.S. citizen or that the requester is not eligible to receive the information under the Freedom of Information Act (FOIA) or Privacy Act (PA). Vital Records does not revoke or cancel a Form FS-240. That is the responsibility of CA/PPT/S/L/LA after initial analysis by CA/OCS/L (see 7 FAM 1441.6, and 7 FAM 1380).

d. Correction, amendment, certification and replacement:

(1) The Vital Records Section of Passport Services amends and/or corrects Form FS-240 to reflect name and other vital data changes due to adoptions, or other legal alterations, as well as typographic errors (see 7 FAM 1447). Requests received by the Vital Records Section of Passport Services for correction, amendment, certification, or replacement are processed in Washington, DC, but printed by the New Orleans Passport Center. Form DS-1350, Certification of Birth, will no longer be issued. Rather, authenticated/apostilled copies of FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America, will be issued;

(2) Serving as the registrar of vital records for the Department, the section issues certified replacements of the Form FS-240, which are available in multiple copies (see 7 FAM 1448). As appropriate, records may be excluded or excised prior to release in accordance with the FOIA and PA. (See 7 FAM 060 and 7 FAM 1300 Appendix J.) Forms FS-240 are not excised; and

e. Consular posts in need of assistance from the Vital Records Section should direct their inquiries to their CA/OCS/ACS contacts. The CA/OCS/ACS officer will make the initial contact with the Vital Records Section. This will save posts from searching for the appropriate Vital Records officer or sending blanket e-mails seeking assistance.

f. Panama Canal Zone vital records: Canal Zone birth certificates alone are not proof of U.S. citizenship. Persons seeking consular vital records or Panama Canal Zone birth and death records can write to the Vital Records Section at:

g. Requests should include all available information pertaining to the event or document desired. In addition to a return address, the requester should include a daytime telephone number or email address in the event more information is required. The written request must be notarized and include a photocopy of the requesters valid driver's license or other government-issued identification card (see 7 FAM 1448). Appropriate fees must be provided by check or money order, payable through a U.S. bank. Current fees, along with additional information, are available on the Bureau of Consular Affairs Internet page or by calling the Passport Services Vital Records Sections automated line at 202-485-8300.

7 FAM 1441.6 Role of The Bureau of Consular Affairs, Passport Services, Office of Legal Affairs and Law Enforcement Liaison, Legal Affairs Division (CA/PPT/S/L/LA)

(CT:CON-766; 12-20-2017)

a. CA/PPT/S/L/LA is responsible for revocation of a Form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America. (See 7 FAM 1380 for guidance about revocation of a passport.)

b. Revocation of someones U.S. citizenship documentation due to nonacquisition is a serious matter. The Bureau of Consular Affairs (CA) has established safeguards to ensure that careful consideration is given to such cases before revocation is recommended or approved. This includes analysis by:

(1) The officer initially reviewing the case, which may be at a post or at a passport office, agency, or center, or the Passport Services Vital Records Section;

(2) CA/OCS/ACS and CA/OCS/L; and

(3) CA/PPT/S/L/LA.

c. Before CA/PPT/S/L/LA will consider revocation of a Form FS-240:

(1) The post or passport office/agency/center recommending the revocation must prepare a summary of the facts of the case and submit to CA/OCS/L (ASK-OCS-L@state.gov) copies of relevant documents (except documents available in PIERS or the American Citizen Services (ACS) system, which CA/OCS/L can readily retrieve) and a summary of the basis for the posts conclusions;

(2) CA/OCS/L (ASK-OCS-L@state.gov) will conduct a legal analysis of the recommendations submitted by the official who initially determined the document may have been issued in error, and prepare a memorandum from the Director of CA/OCS/L to the Director of CA/PPT/S/L/LA, cleared by the Director of CA/OCS/ACS (see 7 FAM 1380). If CA/OCS/L does not conclude that the Form FS-240 should be revoked, CA/OCS/L will prepare an advisory opinion to the post of office that recommended the revocation explaining our conclusions; and

(3) CA/PPT/S/L/LA will review the legal analysis prepared by CA/OCS/L and if it concurs will prepare the text of the revocation letter notifying the bearer that the Form FS-240 has been revoked, enter the appropriate lookout in the Consular Lookout and Support System (CLASS), and notify the Vital Records Section of Passport Services to properly annotate the permanent record. If a passport was also issued to the individual, CA/PPT/S/L/LA will follow the procedures in 7 FAM 1380 for revocation of the passport.

d. CA/PPT/S/L/LA also coordinates with the Division for Vital Statistics, National Center for Health Statistics at the Centers for Disease Control and Prevention (CDC), U.S. Department of Health and Human Services. (See 7 FAM 1414 on issues related to passports and birth certificates.)

7 FAM 1442 AUTHORITY

(CT:CON-766; 12-20-2017)

a. Authority for consular officers to issue a Form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America, is derived from the Vienna Convention on Consular Relations (VCCR). Article 5, paragraphs (d) and (f) of the VCCR provide:

Consular functions include: (d) issuing passports and travel documents to nationals of the sending State; (f) acting as notary and civil registrar and in capacities of a similar kind, and performing certain functions of an administrative nature, provided that there is nothing contrary thereto in the laws and regulations of the receiving State.

b. 22 U.S.C. 2705 provides that a Form FS-240, issued by a consular officer to document a citizen born abroad shall have the same force and effect as proof of U.S. citizenship as certificates of naturalization or of citizenship issued by the Attorney General or by a court having naturalization jurisdiction. 8 U.S.C. 1504 (Section 361 INA) authorizes the Secretary of State to cancel any Report of Birth Abroad of a Citizen of the United States of America, or certified copy thereof, if it appears that such document was illegally, fraudulently, or erroneously obtained from, or was created through, illegality or fraud.

c. U.S. regulations: Department of State regulations pertaining to Form FS-240 are located in 22 CFR 50.5 through 22 CFR 50.8.

7 fam 1443 Who Can apply

7 FAM 1443.1 Who is Eligible to Apply

(CT:CON-445; 02-22-2013)

a. A consular officer may issue a Form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America, for any child who is eligible for it upon application made at any time before the childs 18th birthday. Requests for application for a Form FS-240 after the age of 18 should be directed to CA/OCS/L (ASK-OCS-L@state.gov).

b. The childs parent(s) or legal guardian(s) must complete Form DS-2029, Application for Consular Report of Birth Abroad of a Citizen of the United States of America. If there is no parent or guardian, CA/OCS/L, in consultation with CA/PPT and L/CA, will determine who may apply on behalf of the minor.

NOTE: This exception is generally limited to extraordinary cases involving death of the entire family, except the child.

c. If approved, the revised Form FS-240 is issued. The form is a two-part set consisting of the original Form FS-240 and a Department file copy.

d. The Form DS-2029 is to be executed only by a childs parent(s) or legal guardian(s). Either parent, including an alien parent, may execute the application. No other persons are authorized to apply on a childs behalf, except with notarized authorization from the childs parent(s) or guardian, or with specific case-by-case authorization from CA/OCS/L (ASK-OCS-L@state.gov) in exceptional cases. For abandoned or unaccompanied minors, CA/OCS/L may authorize a consular officer to execute the application.

e. The Form FS-240, in certain circumstances, now may be amended (see 7 FAM 1447) or replaced (see 7 FAM 1448).

f. Custody dispute: There is no two-parent signature requirement for a Form FS-240 with respect to permission to issue. 7 FAM 1130 provides guidance regarding adjudication of a citizenship claim. In the case of a child involved in a custody dispute, either parent may apply for the Form FS-240 regardless of which parent has been awarded custody. In the rare event that separate applications are received from both parents, as in the case of a divorce, approve the application received first. Once the Form FS-240 has been issued, the other parent may obtain an FS-240. Direct questions about a Form FS-240 and a child custody dispute to CA/OCS/L (ASK-OCS-L@state.gov).

7 FAM 1443.2 Adopted Children

(CT:CON-445; 02-22-2013)

a. Alien children adopted by U.S. citizens: Alien children adopted by U.S. citizens are not eligible for a Form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America. If the adopted child later acquires U.S. citizenship under the Child Citizenship Act of 2000 (see 7 FAM 1150), the child may be eligible for a U.S. passport and a Certificate of Citizenship, but not for a Form FS-240.

b. Citizen child of U.S. citizen parent adopted by others: A child who is born abroad to a U.S. citizen parent or parents and then adopted may be eligible for a Form FS-240, if the birth parent(s) cooperate in providing documentary evidence to establish the citizenship claim (see 7 FAM 1330). The application could be initiated by the adoptive parents, working with the U.S. citizen birth parent(s). When an application is initiated for an adopted child, the consular officer must be satisfied that the evidence presented establishes a valid claim to U.S. citizenship through the birth parent(s). In the case of the biological child of an unmarried U.S. citizen father being adopted by two foreign nationals, the biological father would have to execute the affidavit of financial support in order for the child to acquire U.S. citizenship under Section 301(g) INA as made applicable by Section 309 INA. The fact that the prospective adoptive parents demonstrate intent to support the child does not obviate the 309(a) requirements:

(1) The Form DS-2029, Application for Consular Report of Birth Abroad of a Citizen of the United States of America, will list the names of the childs birth parents, since nationality is derived from them, not the adoptive parents. This establishes a clear citizenship record should any questions arise later;

(2) However, the names of the adoptive parents can be listed on the actual Form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America, provided satisfactory evidence of adoption has been presented. The name on the Form FS-240 will be the birth name unless the adoption decree or other court order reflects a name change.

c. When the officer is not convinced that a requisite physical relationship exists between the child and the person(s) named on the application as the birth parent(s), refer to 7 FAM 1131.5 and consult CA/OCS/L (ASK-OCS-L@state.gov).

d. See 7 FAM 1446.2-2 regarding listing of parents names on the Form FS-240.

7 FAM 1443.3 Stillborn Children and Children Who Die Shortly After Birth

(CT:CON-362; 03-01-2011)

See 7 FAM 1470.

7 Fam 1444 How to apply

7 FAM 1444.1 Personal Appearance

(CT:CON-445; 02-22-2013)

a. The Form DS-2029, Application for Consular Report of Birth Abroad of a Citizen of the United States of America, is usually made at the same time as a Form DS-11, Application for a U.S. Passport.

b. Minor should appear with parent: The personal appearance of the child on whose behalf the report of birth is requested may be required at the consular officers discretion (for example, when the consular officer suspects that the child is deceased or that the childs true identity is not being reported). Minors of age 13 or above generally should be required to appear with the requesting parent(s) or guardian(s). When in doubt, consult ASK-OCS-L@state.gov.

c. Medical evacuation of the child: When the infant or child is seriously ill and the subject of a medical evacuation, a personal appearance may not be possible. Consult CA/OCS/L (ASK-OCS-L@state.gov) in extraordinary cases. Often it may be necessary for the family to pursue the Form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America, later, after the medical evacuation.

7 FAM 1444.2 When to Apply

(CT:CON-445; 02-22-2013)

a. General rule: Apply Before the Age of 18: The Form DS-2029 may be made at any time before the childs eighteenth birthday.

b. Delayed reporting of the birth of a U.S. citizen abroad not preferable: Because the availability and/or reliability of the information and supporting evidence presented diminishes with time, it is desirable that the application be made as soon after birth as possible. Accordingly, posts should impress upon U.S. citizen parents resident in their consular districts the advantage of a prompt reporting of the birth of their children. Delay in reporting could cause inconvenience and possibly deprive a child of this valuable document.

c. After age 18: Refer all Form DS-2029, Application for Consular Report of Birth Abroad of a Citizen of the United States of America, requests made on or after a childs 18th birthday to CA/OCS/L (ASK-OCS-L@state.gov). The request should be accompanied by a statement from the individual applying for the document explaining why the birth was not reported earlier. Occasionally, the Department has authorized issuance when the person is over the age of 18, generally for applications initiated prior to the age of 18 or in extraordinary circumstances such as disasters/evacuations. Otherwise, an overseas applicant whose citizenship is not adjudicated until after age 18 is issued only a U.S. passport, but not a Form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America.

7 FAM 1444.3 Where to Apply

7 FAM 1444.3-1 Registering Within Consular District

(CT:CON-445; 02-22-2013)

a. Applications normally made in consular district where birth occurred: Form DS-2029, Application for Consular Report of Birth Abroad of a Citizen of the United States of America, is normally filed in the consular district in which the birth occurred. It is permissible, however, for a birth that occurred in one consular district to be reported in another.

b. Post closures: When there is a post closure, (CA/OCS and CA/EX) (Bureau of Consular Affairs, Office of the Executive Director) normally designates another post to handle consular issues previously covered by the closed post.

c. Applications normally executed abroad: The Form DS-2029 is usually executed abroad. 22 CFR 50.6 provides for issuance of certain Forms FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America, during time of war.

d. Family in the United States, child has never been documented as A U.S. citizen:

(1) Cases occasionally arise in which a family that had lived abroad for a period of time returns to the United States for residence. A child was born during the period of residence abroad, but the parents neglected to register the birth at the consular post. The question then arises as to whether the parents can register the birth at the post even though the child is physically present in the United States;

(2) In these cases the parents usually would have obtained a passport for the child, but in rare cases this category could also include persons who came to the United States with a child on a nonimmigrant visa. These cases usually involve medical emergencies in which the parents do not have time or lack full documentation to complete the process;

(3) Parents may execute an application for a Form FS-240 before a notary public in the United States and transmit the application, together with the supporting evidence needed to establish the citizenship claim and identity and the requisite fees to the U.S. embassy or consulate in whose consular district the child was born; and

(4) The post should consult with CA/OCS/L (ASK-OCS-L@state.gov) if any unusual adjudication issues arise.

e. U.S. citizen consular agents and U.S. military acceptance agents: In most instances, an Form DS-2029 is made at a U.S. embassy or consulate. In certain circumstances, however, the application is initiated and the jurat (oath) administered before a person other than a consular officer. It is then forwarded to the appropriate post for completion and issuance of the Form FS-240. This most often occurs in cases of children born in remote locations or U.S. military hospitals and in cases where the applicant finds it impossible to travel to the post to report the birth, or such travel would entail extraordinary hardship, particularly where the health of the child is at issue. The consular agent or U.S. military acceptance agent must be a U.S. citizen/national in order to accept a Form DS-2029, since this requires verification of citizenship and identity.

f. Protecting powers: Foreign diplomatic and consular officers acting as protecting powers to the United States (see 7 FAM 1000, Third-Country Representation) are authorized to accept Form DS-2029 in those designated jurisdictions as specified in the protecting power agreement.

7 FAM 1444.3-2 Registering Outside Consular District in Country of Birth

(CT:CON-362; 03-01-2011)

For a variety of reasons, parents sometimes find it convenient, or necessary, to report the birth to a post located in a district other than the one in which the child was born. When this happens, two different procedures may apply.

7 FAM 1444.3-2(A) Registering in Another Consular District, Same Country

(CT:CON-362; 03-01-2011)

If the childs birth has occurred in another consular district, but in the same country, the consular officer may proceed to complete and approve the Form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America, provided there are no fraud concerns. If the consular officer does not conclude it is appropriate to approve a Form FS-240 under these circumstances, or for other reasons, the consular officer should so advise the originating post and CA/OCS/ACS, stating the reason for refusal.

7 FAM 1444.3-2(B) Registering in Another Country

(CT:CON-530; 09-17-2014)

If the childs birth occurred in another country, use the following procedure:

(1) The application for the Form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America, is prepared by the parent(s) or guardian(s) completing items 1 through 27 of the Form DS-2029 and the oath or affirmation is administered by the consular officer in item 29.  The seal of the embassy or consulate must be included in item 29;

(2) Forward the application together with all supporting documents to the consular officer in the district where the birth occurred;

(3) The officer accepting the application collects the prescribed fee. The officer who accepted the application accounts for the fee and transmits the application to the post in the consular district where the birth occurred;

(4) The consular officer to whom the application has been transmitted examines it and lists the supporting documents in the space provided at the bottom of the application;

(5) Approval: If the consular officer in the district where the birth occurred approves the application, that officer:

(a) Completes approval block (item 30) of form;

(b) Issues Form FS-240 (to be centrally printed);

(c) Forwards issued Form FS-240 application and file copy of Form DS-2029 to Department for filing at the following address:

(d) The consular officer also transmits the issued Form FS-240 to the parent(s) or legal guardian(s) or to the originating post;

(6) Take appropriate anti-fraud measures: If the post concludes that the claim to citizenship is not established or the identity of the subject is in question, follow established anti-fraud procedures, conferring with CA/FPP (Consular Affairs, Fraud Prevention Programs) as appropriate; and

(7) Disapproval: Take appropriate action to enter the name in the CLASS (Consular Lookout and Support System) system. Inform the parents in writing that the application is disapproved. The family may, of course, submit additional evidence at any time, and request reconsideration of the case by CA/OCS/L (ASK-OCS-L@state.gov). The disapproval letter should be made part of the records sent to Passport Services for record keeping.

7 FAM 1444.4 No U.S. Mission in Country of Birth - Application Outside of Country of Birth

(CT:CON-766; 12-20-2017)

a. If a child is born outside the country in which the application for a Form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America, is made, the consular officer generally should follow the procedures in 7 FAM 1444.3-2(B).

b. However, in certain rare instances, CA/OCS may authorize approval of a Form FS-240 at a consular post outside the country in which the birth occurred, generally when there is no U.S. diplomatic or consular representation in the country of birth, and the United States is not represented by a third country (see 7 FAM 1000). CA/OCS may authorize approval of the Form FS-240 by the consular post that has been designated as having consular authority over the country of birth. For additional guidance on this subject consult CA/OCS/L (ASK-OCS-L@state.gov).

c. When a birth takes place in a country in which the United States has no diplomatic or consular representative, but maintains an interests section in the embassy of a third country, the interests section accepts the report, collects the fee, and forwards the application and supporting documents to the appropriate post in the third country for adjudication (see 7 FAM 1444.3-1, paragraph f).

7 FAM 1445 Form DS-2029, Application for Consular Report of Birth Abroad of a Citizen of the United States of America

7 FAM 1445.1 Completing Form DS-2029

(CT:CON-766; 12-20-2017)

a. Parents or legal guardians must apply for a Form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America, using a Form DS-2029, Application for Consular Report of Birth Abroad of a Citizen of the United States of America. The first page of the form is the application for a Form FS-240. The parent is to complete this portion through item 1-27, with consular assistance as needed; and then sign items 28 and 29 before a consular officer, or other designated person qualified to administer oaths/affirmations.

b. In February 2013, the fillable "paper" version of the Form DS-2029 was revised to expand room for consular adjudication and to break down the information requested to individually enumerated elements. This was a first step towards development of a fully electronic application.

c. Changes included:

(1) Expanding space provided for the name of the child;

(2) Eliminating the hour of birth;

(3) Changing Place of Birth to City and Country, and eliminating state;

(4) Expanding the name fields for the Mother/Father/Parent to provide space for previous legal names used;

(5) Adding a field for the sex of the parent(s);

(6) Clarifying the parents' address fields and adding a question as to which address should be used if the Consular Report of Birth will be mailed and adding email address(es) and phone number(s);

(7) Adding a field asking if the parent(s) is a U.S. citizen or U.S. Non-Citizen National;

(8) Adding a field for the marital status of the biological parent(s);

(9) Expanding space for precise period of time in the United States prior to the child's birth abroad;

(10) Expanding space for precise periods of time abroad in the U.S. Armed Forces, in other U.S. Government employment, employment with qualifying international organization, or as a dependent child of a person so employed (prior to the child's birth abroad);

(11) Expanding signature block for consular officer, or other designated person qualified to administer oath, including, when authorized, a notary public in the United States;

(12) Expanding signature block for parent, legal guardian or other authorized person executing application;

(13) Adding approval block for consular officer;

(14) Expanding adjudication section for consular officer to annotate evidence presented;

(15) Adding continuation sheet for additional information.

7 FAM 1445.2 Guide for Completing Form DS-2029

(CT:CON-766; 12-20-2017)

a. Application for a Form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America, must be made using Form DS-2029, Application for Consular Report of Birth Abroad of a Citizen of the United States of America.

b. Application for a Consular Report of Birth Abroad of a Citizen of the United States of America adjudication chart: The following summarizes the documentary and adjudication issues related to the Form DS-2029. Consular officers should be familiar with the provisions of 7 FAM 1100 and the referenced appendices for 7 FAM 1300 regarding names, place of birth, and the CLASS (Consular Lookout and Support System), as well as the proviso in 7 FAM 1420 and 7 FAM 1300 Appendix D concerning geographic place names.

c. Part A. This section is to be completed by the applicant parent or legal guardian. Instructions for completing lines 1-27 are included in Form DS-2029. The parent or legal guardian, or other designated person, should complete this application. The numbers below correspond to the numbered items on the Form DS-2029:

(1) Line 1: Name of Child in Full: Enter the name of the child as it is recorded on the local birth certificate. Translations of foreign names are acceptable (see 7 FAM 1300 Appendix C, names to be used in passports for detailed discussion about names):

(a) For children under the age of 5, if a parent reporting the birth claims that the local birth record shows an erroneous given name, the parent should be requested to obtain an amended, local birth certificate. If amendment of the local birth certificate would entail unusual hardship, or is not provided for under local law, the correct given name may be used on the application when the parent reporting the birth provides an explanatory affidavit and supporting evidence reflecting exclusive use of the correct name;

(b) This accommodation usually relates to situations in which there is a misspelling of the name on the local birth record, or where the family added or dropped a given name after the birth was registered with local authorities;

(c) This alternative should not be used for children over the age of 5 without a review of public documents regarding their identity, such as school ID cards, school records, insurance cards, etc. When in doubt, consult CA/OCS/ACS, which will confer with CA/OCS/L for consistency;

(d) When the childs name has been changed by adoption or by other court action, the new name may be recorded on the application only if it is substantiated by an adoption decree or other documentary evidence of the court action. If a parent requests a different surname than the one appearing on the birth record, consult 7 FAM 1445.5-4. (See 7 FAM 1446.2-2 and 7 FAM 1300 Appendix C);

(2) Line 2: Sex: Mark (X) on the box to indicate whether the child is male or female;

(3) Line 3: Date of Birth: Write the month in full; e.g., September 1, 2005. Do not abbreviate;

(4) Line 4: Place of Birth: Enter the name fo the city and country;

(5) Line 5 and 11: Enter the Mother/Father/Parent's name as it appears on the passport and/or government issued identity document;

(6) Line 6 and 12: Enter all previous legal names ever used by the mother/father/parent, including name at birth;

(7) Line 7 and 13: Check (X) box to indicate the sex of the parent (s);

(8) Line 8 and 14: Enter the date of birth of the mother/father/parent(s); Write full month of birth; e.g., October 14, 2003, Do not abbreviate;

(9) Line 9 and 15: Enter the palce of birth city, state/province and country of the mother/father/parent(s);

(10) Line 10 and 16: Enter the current physical address in the foreign country where the application is completed for the mother/father/parent(s);

(11) Line 17: Enter the address where the parent(s) or guardian wish the issued FS 240 to be mailed;

(12) Line 18 and 19: Place an "X" in the "yes" box or the "no" box to indicate whether the parent(s) is/are a U.S. citizen (or U.S. non-citizen national);

(13) Line 20: The U.S. citizen/national applying parent must enter yes or no to the question about whether he/she was married to the child's other biological parent when the child was born;

(14) Line 21: List the date and place of the marriage and check the current status of that marriage, adding the date of death or divorce if applicable;

(15) Line 22 and 23: List any other marriages including date of marriage, end date, if any; and how the marriage ended (death/divorce), if applicable. If never married enter none;

(16) Line 24 and 25: List all dates the parent(s) have been present in the United States prior to the child's birth; When doubt exists that the parents physical presence in the United States is sufficient to transmit citizenship, documentary evidence of the claimed physical presence is required;

(17) Line 26 and 27. Parent(s) must list dates of periods of time abroad in the U.S. Armed forces, employed by other U.S. Government agencies, employment with qualifying international organization or as dependent of such employee prior to the child's birth; When doubt exists that the parents physical presence in the United States is sufficient to transmit citizenship, documentary evidence of the claimed physical presence is required;

d. Part B: Item 28 is the affidavit of parentage and financial support to be completed by a U.S. citizen father transmitting citizenship to a child born out of wedlock. Item 29 is the affirmation by the parent(s) that the information provided throughout the Form DS-2029 is true. Items 28 and 29 of this section is to be completed by the parent before a U.S. consular officer, designated nationality examiner, U.S. citizen consular agent, U.S. citizen military acceptance agent, U.S. notary public, foreign notary, or other person qualified to administer oath. The informant must swear to or affirm the truthfulness of the statements in the application before a consular officer, U.S. citizen consular agent, U.S. citizen designated nationality examiner, U.S. citizen military acceptance agent, or notary public. The informant must then list his or her name, sign the document and list relationship to the child. The person administering the oath should affix his or her seal, list name, title, sign the document, list their location (city), and date (mm/dd/yyyy).

e. Item 30: This is to be completed by the Consular Officer or other designated person approving the issuance of the FS-240.

f. Part C: The U.S. embassy or consulate must list in item 31 the documentary evidence presented in support of the Form DS-2029.

(1) This information is to be completed at the post exercising consular jurisdiction over the place of birth:

(a) List all birth, marriage, death, or divorce documents, giving the title and issuance date of each;

(b) Attach certified true copies of those documents or the originals, if appropriate, to the application;

(c) If the documents are not presently available but were previously submitted in connection with a Form FS-240 for other children, they should be noted by listing the name, date and place of birth of the subject of the previous Form FS-240 or passport and the place where the report was completed;

(d) In establishing physical presence, identify the nature of the documentation presented; e.g., New York school records;

(e) All foreign language documents must be translated, at least in summary;

(f) The section of law under which citizenship is acquired should not be cited;

NOTE: At present, the information in line 31 entered by the adjudicating post/office is done manually. The next revision of the forms associated with the report of birth process will strive to make the process electronic. The ultimate goal is to have an interactive electronic process by which applicants can execute the application electronically, consular personnel can adjudicate electronically, and the record keeping system between ACS system and PIERS interface. In the interim, it is necessary to maintain paper records of the application and adjudication due to both the record retention of ACS system, the functions of the Vital Records Section, and for litigation, appeals, and revocations.

(2) If the application is approved the FS-240 will be centrally printed and returned to post.

g. Part D provides additional space for use by the applicant and/or the consular officer.

7 FAM 1445.3 Administering Jurat

(CT:CON-766; 12-20-2017)

A consular officer, a designated U.S. citizen nationality examiner, a U.S. citizen consular agent, a designated U.S. citizen U.S. military passport acceptance agent, or, a U.S. or foreign notary, may administer the jurat on the Form DS-2029, Application for Consular Report of Birth Abroad of a Citizen of the United States of America, items 28 and 29.

7 FAM 1445.4 Approving Applications

(CT:CON-766; 12-20-2017)

a. Consular officer approval: Without specific authorization by CA/OCS, only a consular officer at a post in whose country the birth occurred may complete and approve the application and issue the Form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America. You must be satisfied as to identity, adjudicate the citizenship claim to determine that the child acquired U.S. citizenship, and the childs name must clear the Consular Lookout and Support System (CLASS). (See 7 FAM 1100, 7 FAM 1320, and 7 FAM 1330.) Approve the application by signing the approval block (Line 30). Then you may issue and sign the Form FS-240 using the ACS system.

NOTE: If the parents name hits in the CLASS system, e.g., an HHS (Health and Human Services) hit against a U.S. citizen parent, the child can still be issued a Form FS-240, but the parents passport should be confiscated and revoked in accordance with 7 FAM 1380.

b. Department authorization:

(1) When required. CA/OCS/ACS authorization of consular approval is required in cases involving:

(a) A hold on the registrants name that appears in CLASS;

(b) A question about the genetic/blood relationship between the citizen parent and the child (7 FAM 1133.4);

(c) A possibility of fraud;

(d) The possibility that the child may have committed an expatriating act (see 7 FAM 1200). Note that any renunciation of U.S. citizenship by a minor, while permitted under U.S. law, is subject to review upon application at age 18 under 8 U.S.C. 1483(b); and

(e) The application is made after the childs 18th birthday;

(2) Expeditious request: If you need to request an advisory opinion from the Department, forward an email to your counterpart in CA/OCS/ACS, and either fax or scan copies of the original documents presented. CA/OCS/ACS will consult CA/OCS/L (ASK-OCS-L@state.gov) as appropriate in formulating an advisory opinion; and

(3) Approval delayed: Keep the original application in every referred case, pending Department decision. Make no entry in the approval section of the application unless and until the Department authorizes the approval of the application.

c. Application in suspense:

(1) A post may hold an Form DS-2029, Application for Consular Report of Birth Abroad of a Citizen of the United States of America, in suspense while awaiting receipt of documentary evidence, such as the parents citizenship, marriage/divorce evidence, evidence of the U.S. citizen parents physical presence in the United States, or Department authorization to approve the application. An application may generally be held in suspense for 90 days. 7 FAM 1445.8 provides guidance about disposition of applications after 90 days when the applicant has not provided the additional evidence;

(2) Do not keep any application in suspense when the available evidence supports a determination of acquisition of U.S. citizenship;

(3) Approve the application under the applicable section of law which the available evidence will support (for example, section 309(c) INA (8 U.S.C. 1409), if the parents are citizens but no evidence of their marriage was presented, or under section 301(g) (8 U.S.C. 1401), if both parents are citizens but only one has presented evidence of citizenship); and

(4) Send documents submitted in support of a Form FS-240 for filing with the Form DS-2029 application file. Failure to submit all items at one time causes significant filing and retrieval problems for the Department.

d. Disposition of approved applications: Promptly send (monthly) via registered pouch the approved Form DS-2029 and supporting documents stapled together to the Department at the following address:

7 FAM 1445.5 Documentary Evidence Required

7 FAM 1445.5-1 Children Previously Documented as U.S. Citizens

(CT:CON-362; 03-01-2011)

If a child born abroad to a U.S. citizen parent(s) who acquired U.S. citizenship under Section 301(g) INA (8 U.S.C. 1401(g)) or Section 301(g) INA as made applicable by Section 309 INA (8 U.S.C. 1409) has been documented previously with a full validity U.S. passport or certificate of citizenship, the Form DS-2029, Application for Consular Report of Birth Abroad of a Citizen of the United States of America, need only be accompanied by proof of the childs identity, birth, and citizenship. Absent the actual presentation of proof of citizenship, i.e., a full validity passport or certificate of citizenship, the parent must provide sufficient information to allow the consular officer to verify the issuance of either of those documents. In the case of a previously documented child, the consular officer must be careful to ensure that the childs U.S. citizenship was acquired at birth abroad and not derivatively through the naturalization of the parent(s). If PIERS reflects that an older child has previously been issued a Form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America, or passport, the consular officer must confirm that the U.S. citizen parents marital status has not changed, resulting in different requirements for physical presence of the citizen parent in the United States of an outlying possession prior to the second childs birth.

NOTE: This section does not pertain to persons who acquired U.S. citizenship under the Child Citizenship Act of 2000.

7 FAM 1445.5-2 Children Not Previously Documented as U.S. Citizens

(CT:CON-362; 03-01-2011)

When a Form DS-2029, Application for Consular Report of Birth Abroad of a Citizen of the United States of America, is completed for a Form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America, on behalf of a child to a U.S. citizen parent(s) who acquired U.S. citizenship under Section 301(g) INA or Section 301(g) INA as made applicable by Section 309 INA who has never been documented as a U.S. citizen, it must be accompanied by evidence of citizenship provided in 7 FAM 1100 and post must be satisfied that the child has a valid claim to U.S. citizenship or U.S. Non-Citizen Nationality. (See 7 FAM 1100).

NOTE: This section does not pertain to persons who acquired U.S. citizenship under the Child Citizenship Act of 2000.

7 FAM 1445.5-3 Proof Of The Childs Birth

(CT:CON-530; 09-17-2014)

a. 22 CFR 50.5(a) provides that proof of child's birth usually consists of, but is not limited to, an authentic copy of the record of the birth filed with local authorities, a baptismal certificate, a military hospital certificate of birth, or an affidavit of the doctor or the person attending the birth. If no proof of birth is available, the person seeking to register the birth shall submit his affidavit explaining why such proof is not available and setting forth the facts relating to the birth.

b. The United States is a party to the International Covenant on Civil and Political Rights. (See Treaties in Force to confirm whether the treaty is in force in the host country). Article 24 of this treaty provides:

2. Every child shall be registered immediately after birth and shall have a name.

c. The Department of State is aware of incidents in which local authorities in foreign countries have been reluctant to, or declined to, issue a civil birth certificate or comparable local document to a nonresident child. Examples:

         Child born on an aircraft or vessel

         Refugee child

         Child who died shortly after birth

d. Posts should bring such cases to the attention of CA/OCS/L (ASK-OCS-L@state.gov), which will provide an advisory opinion on the appropriate course of action, in consultation with CA/OCS/ACS.

e. Satisfactory proof of the childs birth must be submitted before the Form FS-240 is prepared. Responsibility for obtaining satisfactory proof of the childs birth rests on the person applying for the Form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America. Primary evidence of birth is a certified copy of a birth registration issued by local authorities. Mere inconvenience in obtaining a local birth certificate is not sufficient to waive this requirement. Secondary evidence is rarely used in modern day adjudication. Posts should bring such cases to the attention of CA/OCS/L (ASK-OCS-L@state.gov) for an advisory opinion on how to proceed, since these cases involve countries that will not issue a civil record.

For example: One example was a country that would not issue a civil birth certificate for a married woman unless her spouse was present. Her spouse was serving in the U.S. military and had been medically evacuated after being wounded. The hospital birth certificate was determined to be sufficient under the circumstances.

f. The Department accepts U.S. military hospital birth certificates for births of military dependents abroad. Secondary evidence of birth includes a baptismal certificate, a local or military hospital birth certificate, a certification of the birth by the physician attending the birth, or an affidavit executed by another person attending the birth, setting forth the facts and circumstances of the birth (see 7 FAM 1330). You should request submission of primary evidence of birth, especially in the case of a child older than 5 years. For guidance about diplomatic official and no fee regular passports (see 7 FAM 1390).

g. If no such proof of the birth is obtainable, the applicant must submit an affidavit explaining why such proof is not obtainable and setting forth the facts relating to the birth. An affidavit in and of itself is not sufficient to establish a citizenship claim. For posthumous children cases, such as children whose parent or parents died in service to the United States, personnel and DNA testing of remains or surviving family members may be necessary. (See 7 FAM 1330 and 7 FAM 1130). In every case the consular officer must be satisfied that the evidence submitted is sufficient to establish the facts of birth, particularly when the adoptive parent(s) or legal guardian(s), rather than the natural parent(s) report the facts of the childs birth. It should be remembered that the claim to U.S. citizenship at birth of any child applying for a Form FS-240 is derived through the biological parent(s). The original birth evidence submitted, or a photocopy certified by the consular officer after comparison with the original, must be sent to the Department with the application for retention in the files monthly via registered pouch to the following address:

h. When a child is born out of wedlock to a citizen father and an alien mother, you must require an Affidavit of Parentage, Physical Presence and Support from the father acknowledging that he is the natural father of the child; the alternative is to request a court judgment of paternity. A statement of support must be included in the affidavit in those cases where the childs acquisition of U.S. citizenship is determined by the provisions of section 309 of the INA (8 U.S.C. 1409). The affidavit is also useful to document the mothers claim to parentage.

i. When an affidavit is required, attach it to Form DS-2029, Application for Consular Report of Birth Abroad of a Citizen of the United States of America, for retention in the Departments files.

7 FAM 1445.5-4 Evidence of Change of Child's Name

(CT:CON-519; 06-25-2014)

a. In general, the name entered on the Form DS-2029, Application for Consular Report of Birth Abroad of a Citizen of the United States of America, should be the name recorded on the local birth certificate. Translations of foreign names are acceptable. (See 7 FAM 1300 Appendix C, Names to be entered in Passports). If a parent reporting the birth claims that the local birth record shows an erroneous given name, due to mandatory host-country naming conventions compelling parents to name children names they never intend to use or in error, the parent should be requested to obtain an amended local birth certificate if that is possible under local law. If amendment of the local birth certificate would entail unusual hardship, the correct given name that best identifies the child can be used on the application and the parent reporting the birth provides an explanatory affidavit and verification by the vital records office that they cannot or will not amend the original record.

b. When the parent or guardian requests that a surname be entered on the Form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America, other than the one which appears on the birth record, the following guidelines apply:

(1) The facts of birth shown on the application must establish a verifiable claim to U.S. citizenship;

(2) When a childs name has been legally changed by adoption or by other court action, the new name may be recorded on the application when it is substantiated by an adoption decree or other documentary evidence, respectively;

(3) In the case of a child born out of wedlock, use of the fathers surname must be supported by evidence of paternity. Such evidence may be in the form of an affidavit of paternity from the father, an amended birth certificate showing the fathers surname, or proof of other legal action establishing paternity; and

(4) In the case of a child born during a marriage where the mother claims her husband is not the biological father, and where paternity has not been otherwise judicially or administratively established, the use of the biological fathers surname must be supported by an affidavit from the biological father acknowledging paternity and a statement from the husband denying paternity. The party who has the burden of proof (usually the applicant) must show the existence of the fact in dispute by a preponderance of the evidence. The standard for most citizenship cases is a preponderance of the evidence. This has been defined variously as the fact in question is more likely than not to be true, or 51% of the evidence supports the truthfulness of the point asserted. DNA testing of the mother, the child and putative father may be done by a laboratory approved by the American Association of Blood Banks (AABB). (See the AABB List of Laboratories and 7 FAM 1100.) Applicants should be asked to obtain a new local birth certificate in the correct name or a letter from local authorities advising it is not possible to issue a new birth certificate under local law or procedures. The Department recognizes that some countries refuse to issue a new document.

NOTE: In the situation above, there may be other evidence available to post indicating that it would be impossible for the husband to be the father of the child. For example: The husband was not accessible at the probable time of conception because he was deployed in the U.S. military or otherwise physically separated from the mother. Some prisons do have conjugal visits, so serving a sentence in prison may not preclude fathering a child.

7 FAM 1445.5-5 Evidence of Parent's U.S. Citizenship and Identity

(CT:CON-766; 12-20-2017)

a. The consular officer must require adequate proof that the parent(s) through whom U.S. citizenship is claimed was a citizen (were citizens) of the United States at the time of the childs birth. The consular officer, in approving Form DS-2029, Application for Consular Report of Birth Abroad of a Citizen of the United States of America, makes a determination of the section of law under which the childs citizenship is acquired, and makes sure that the parent supports every such determination by documentary evidence.

b. 7 FAM 1350 provides guidance on establishing the identity of a minor.

c. The parents may submit as evidence of citizenship any of the types of evidence ordinarily acceptable for passport purposes, provided the evidence meets the criteria described in 7 FAM 1330 and 7 FAM 1100. These include an original or certified birth certificate, a U.S. passport, a previously approved Form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America, a certificate of citizenship or naturalization, or other acceptable secondary evidence of birth, such as a baptismal certificate.

d. For U.S. citizen adoptive children, information about the birth parents citizenship and physical presence must be provided. For children born out of wedlock, Section 309 INA (8 U.S.C. 1409) must be satisfied (see 7 FAM 1446.2-2).

e. A determination that a child acquired citizenship under section 301(c) INA (8 U.S.C. 1401) can be made only if evidence of the citizenship of both parents is presented.

f. If both parents are U.S. citizens but only one parent presents evidence of citizenship, the consular officer should inform the parents that the child will be considered to have acquired citizenship under section 301(g) INA (8 U.S.C. 1401) if the parent who submitted evidence of the childs citizenship is able to transmit citizenship under this provision of law.

NOTE: While the parents should be encouraged to submit sufficient evidence to document the childs acquisition of citizenship under section 301(c) (8 U.S.C. 1401), you do not need to delay approval of the Form FS-240 when the available evidence supports acquisition under section 301(g) (8 U.S.C. 1401) (see 7 FAM 1133.2 through 7 FAM 1133.5).

g. Consular officers should contact the CA/OCS/ACS by email, fax, phone or telegram, using CPAS TAGS, in any case where an advisory opinion is sought in adjudicating a parents current citizenship status.

h. Annotate application: You should not make reference or notation on the application to the section of law under which the child is considered to have acquired citizenship.

i. Genetic relationship: If posts have reason to question the genetic relationship between the U.S. citizen parent(s) and the child, consult 7 FAM 1131.3 and 7 FAM 1131.4-2.

j. Suspected fraud: Consult 7 FAM 1131.5, and contact CA/FPP. 7 FAM 1380 and 7 FAM 1441.6 provide guidance on revocation of the Form FS-240 if that is indicated.

7 FAM 1445.5-6 Evidence of Parent's Residence/Physical Presence in United States

(CT:CON-766; 12-20-2017)

a. When citizenship is claimed under 301(c) INA (8 U.S.C. 1401(c)), the determination of whether one of the U.S. citizen parents ever resided in the United States or an outlying possession can usually be determined by a brief interview with one of the parents. Evidence of such residence would be required only in unusual circumstances in which neither parent ever spent any substantial period of time in the United States. Consular officers should consult with CA/OCS/L (ASK-OCS-L@state.gov) in such cases for guidance (see 7 FAM 1100).

b. When citizenship is claimed under Section 301(d), (e), or (g) (8 U.S.C. 1401), or Section 309(c) INA (8 U.S.C. 1409), or under predecessor statutes of the Immigration and Nationality Act, the Form DS-2029, Application for Consular Report of Birth Abroad of a Citizen of the United States of America, must show that the U.S. citizen parent had the necessary periods of physical presence in the United States or its outlying possessions to transmit U.S. citizenship to the child (see 7 FAM 1133.3-2 and 7 FAM 1133.3-3).

c. When doubt exists that the parents physical presence in the United States meets the requirements necessary to establish the childs U.S. citizenship, documentary evidence of the citizen parents physical presence in the United States for the periods claimed is required to be submitted with the application. For instructions on computing periods of physical presence, consult 7 FAM 1133.3-4.

d. You may accept established proof of registration in U.S. public or private schools, court records, military records, U.S. employment and income records, medical records, or other similar documents as valid evidence of physical presence for the periods of time required by the citizen parent to transmit citizenship. 7 FAM 1133.3 provides specific guidance about calculating residence and physical presence, including periods of absence.

e. In the absence of such primary evidence and upon presentation of satisfactory proof of the inability to obtain such evidence, consuls may accept the sworn statements of at least two U.S. citizens having personal knowledge of the parents periods of physical presence in the United States as sufficient evidence to establish the claim.

f. For purposes of Section 301(g) (8 U.S.C. 1401(g)) or former Section 301(a)(7) INA (8 U.S.C. 1401(a)(7)), time spent abroad by a U.S. citizen parent under the following circumstances and in certain periods can be counted as U.S. physical presence:

(1) Service in the U.S. Armed Forces;

(2) Service as a U.S. Government employee as explained in 7 FAM 1133.3; contract employment does not qualify;

(3) Service with a qualifying international organization as specified in 7 FAM Exhibit 1133.3-3, International Organizations Designated by Executive Order; 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 as explained in 7 FAM 1133.3.

7 FAM 1445.5-7 Evidence of Parent's Marriage

(CT:CON-495; 11-07-2013)

a. The marital status of the birth parent(s) can be the determining factor in whether a child has a claim to U.S. citizenship. The existence of a marriage also relates to the section of law under which U.S. citizenship is acquired. A childs birth parents must have been married at the time of the childs birth for the child to acquire U.S. citizenship under Section 301(c), (d), (g), or (h) of the INA (8 U.S.C. 1401), and predecessor statutes. If the childs genetic parents were not married at the time of birth, the child can acquire citizenship only under Section 309 of the INA (8 U.S.C. 1409)e.. When the childs citizenship claim is dependent upon the existence of a valid marriage, proof of the marriage must be submitted (see 7 FAM 1130).

b. If the parents cannot obtain a marriage certificate because the records have been destroyed due to disaster or other catastrophic event at registrars office, they must submit other evidence of their marriage, such as extracts from religious records, affidavits from persons in a position to know when and where they were married, and any other pertinent evidence. Inconvenience is not a sufficient basis to accept secondary evidence of a marriage.

c. If either of the parents was married previously, and the childs claim to U.S. citizenship is dependent upon the marriage of the parents, evidence of the termination of the previous marriage or marriages must be presented. A divorce or annulment decree or a death certificate is sufficient evidence. Certified true copies of the original documents should be attached to the application file copy unless submitted with an application for another Form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America.

NOTE: As a general rule, whether a child is born out of wedlock for purposes of INA 309(c) will be determined if the marriage between the birth parents is valid under local law where the marriage occurred. The Department may, however, not recognize such marriage as valid for these purposes if it is against U.S. social policy, e.g., a father and daughter being married, polygamy.

d. When the childs citizenship is not dependent upon the existence of the parents marriage or termination of a previous marriage, it is not necessary to delay issuance of a Form FS-240 and/or a passport if the parents cannot present evidence of those events. Parents may present these documents at a later date if they wish to amend the FS-240 (see 7 FAM 1447.1). Such records should be sent by the parents directly to the Department at the following address:

7 FAM 1445.6 Fees

(CT:CON-766; 12-20-2017)

a. Refer to the current Schedule of Fees, 22 CFR 22.1, for the fee required for Form DS-2029, Application for Consular Report of Birth Abroad of a Citizen of the United States of America. See also 7 FAH-1 H-700 and 7 FAM 1300 Appendix G regarding acceptable forms of payment.

b. Personal checks are not acceptable for reports issued abroad. Payment may be made by cash (U.S. dollars or local currency), money order, cashier's check, certified or corporate check, travelers check, or by credit card in consular districts authorized to accept that method of payment. Checks must be payable to U.S. Department of State.

c. The Form DS-2029 application fee covers the cost to the U.S. Government to process the application, and is assessed whether or not a Form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America, is issued.

d. The fee should be collected before an oath is taken on Form DS-2029, and the consular officer should not preview cases to determine whether issuance is likely in order to avoid payment of the fee.

e. The fee is not refundable (see 7 FAH-1 H-727). If the Form DS-11, Application for a U.S. Passport, and Form DS-2029 are being adjudicated simultaneously and it is determined that there is no valid claim to U.S. citizenship/nationality, you should only collect one fee since the citizenship adjudication is not duplicative.

7 FAM 1445.7 Disposition of Evidence

7 FAM 1445.7-1 Returning Evidence

(CT:CON-362; 03-01-2011)

a. When evidence of the citizenship of the parent(s) or child is in the form of any of the documents provided in 7 FAM 1100, record the pertinent information concerning the document on the Form DS-2029, Application for Consular Report of Birth Abroad of a Citizen of the United States of America, and return the evidence to the person filing the report.

NOTE: At present, recording the evidence of citizenship presented is done manually. The next revision of the forms associated with the report of birth process will strive to make the process electronic, including the use of 2-D bar codes. The ultimate goal is to have an interactive electronic process by which applicants can execute the application electronically, consular personnel can adjudicate electronically, and the record keeping system between ACS and PIERS interface. In the interim, it is necessary to maintain paper records of the application and adjudication due to both the record retention of ACS, the functions of the Vital Records Section, and for litigation, appeals, and revocations.

b. Except as noted in 7 FAM 1445.7-2, all other evidence submitted in support of the Form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America, should be photocopied, certified by the consular officer as a true copy of the original, and attached to the application. Then return the original evidence to the persons filing the application.

7 FAM 1445.7-2 Retaining Evidence

(CT:CON-407; 06-29-2012)

a. Approved applications: Attach the originals of all affidavits submitted in connection with the issued Form FS-240, Application for Consular Report of Birth Abroad of a Citizen of the United States of America. The Department will retain them in its files.

b. Request for fraud advisory opinion: In any cases where the submitted evidence is suspected to be counterfeit, appears to have been altered, or provides other reason for suspecting fraud, send the original evidence to the Consular Affairs Office of Fraud Prevention Programs (CA/FPP), attached to the application. Upon inquiry, inform the applicant that the evidence will be kept in the Departments permanent files.

c. Request for advisory opinion other than fraud: The post may consider it necessary in rare cases, other than those involving fraud, to have the Department review the evidence presented in support of the application prior to a final determination. In those cases, forward photocopies or scanned copies of the documents presented, or the originals if deemed appropriate, to CA/OCS/L with a photocopy or scanned copy of the application. When the post indicates that the person filing the application has requested the return of the evidence, CA/OCS/L will do so at the time of reply or explain why it is being retained.

7 FAM 1445.8 Denial for Insufficient Evidence or Withdrawal of Applications

(CT:CON-530; 09-17-2014)

a. The final disposition of all fee-paid applications must be issuance, denial, or withdrawal in writing by the applicant.

b. When available evidence does not support acquisition of U.S. citizenship under any section of law, the application may be kept in suspense for up to 90 days, pending submission of additional evidence.

c. If the required evidence is not submitted within that time period, the incomplete application must be denied. The applicant should be notified in writing of the reason for the denial. Refer to 7 FAM 1300 Appendix T for the Information Request Letter text to be used in advising parent(s) of the reason for the denial.

d. Enter a CLASS lookout for insufficient evidence (Reason Code I; see 7 FAM 1300 Appendix A). Send the denied Form DS-2029, Application for Consular Report of Birth Abroad of a Citizen of the United States of America, and accompanying documents to the Department for filing via registered pouch to the following address:

e. If the parents later pursue the Form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America, supplying any missing evidence of the citizenship claim, he or she must execute a new application and a new fee at the current rate should be charged.

7 FAM 1445.9 Disapproved Applications for Non-Citizenship

(CT:CON-530; 09-17-2014)

a. Disposition: When a post determines that the child whose application is submitted has not acquired U.S. citizenship at birth:

(1) The parent(s) should be advised in writing;

(2) If a passport is also being denied, the parents should be advised in writing in accordance with 7 FAM 1300;

(3) The childs name should be entered in the CLASS system with reason code N for no claim;

(4) Deny the application within the ACS system, generate an electronic lookout; and

(5) Send the paper application, attaching copies of all documents submitted to support it, via pouch to Passport Services, Record Services Division. Send paper files via registered pouch to:

b. Reconsideration: CA/OCS/L (ASK-OCS-L@state.gov) is always willing to review additional evidence, provided it is pertinent to the acquisition claim. Such evidence may have been unavailable at the time of the initial application. No formal application or filing of appeal need be taken when submitting such evidence. The post should forward an electronic memo summarizing the case with reference to the previous application and attach the new evidence. CA/OCS/L will review the case and advise the post accordingly (see 7 FAM 1380).

7 FAM 1446 ISSUING THE Form FS-240, Consular Report of Birth abroad of a citizen of the United states of america

7 FAM 1446.1 Approved Application Prerequisite

(CT:CON-362; 03-01-2011)

Issuing a Form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America, is dependent on the approval of Form DS-2029, Application for Consular Report of Birth Abroad of a Citizen of the United States of America, by a consular officer at a Foreign Service post in the consular district where the childs birth occurred or at a post in another consular district in the same country, or when authorized by CA/OCS/ACS to approve a particular application. Do not issue a Form FS-240 without approving the required application.

7 FAM 1446.2 Issuance Procedures

7 FAM 1446.2-1 Physical Preparation of a Form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America, by Consular Section

(CT:CON-590; 07-08-2015)

a. Parents names on the Form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America: The parents names must be the same as the names shown on the application, except in the case of a legal adoption:

(1) Use parents legal name: The parents current legal name should be used on the Form FS-240. Do not show a mothers maiden name unless that is her legal last name;

(2) Request by a parent not to list the name of the second parent: Form FS-240 is a U.S. citizenship document. The parent or parents through whom the claim to U.S. citizenship is made must be listed. A nontransmitting parent may also be listed with the consent of the transmitting parent, noting that this document is not proof of parentage. Generally, if the names of both parents appear on the local birth certificate, those names should be listed on the Form DS-2029, Application for Consular Report of Birth Abroad of a Citizen of the United States of America, and Form FS-240. There are limited exceptions to this general proviso. Questions must be directed to CA/OCS/L (ASK-OCS-L@state.gov) for an advisory opinion;

(3) Rape and incest cases: If posts encounter these situations, you should interview the U.S. citizen mother, preferably in a private office in the consular section rather than at the counter window. Consular officers should review 7 FAM 1932 regarding Sexual Assault, 7 FAM 1720, and 7 FAM 1730 before interviewing adults or minors in these circumstances. The applicant should submit copies of police and medical reports. If post is satisfied that the child was conceived as a result of such a crime, the name of the father may be omitted from the Form DS-2029 and the Form FS-240 even if it appears on the local birth certificate. Posts may consult CA/OCS/L for guidance if needed. (ASK-OCS-L@state.gov). Attach all supporting documents to the Form DS-2029 and annotate line 17 as appropriate;

(4) Allegation that husband is not the father of the child: See 7 FAM 1130 Appendix E;

(5) U.S. citizen parent or both parents deceased: It is possible to issue a Form FS-240 for a child whose U.S. citizen parent(s) is (are) deceased (see 7 FAM 1180). The applicant or Person Providing Information (line 17) on the Form DS-2029 would be the surviving parent or the legal guardian. In countries where guardianship is automatic based on degrees of kinship and not a result of a court order, bring the case to the attention of CA/OCS/L (ASK-OCS-L@state.gov); we will review the local law and provide an advisory opinion. In these cases, a relative of the U.S. citizen parent is usually assisting in obtaining documentation to establish the citizenship claim. This could include DNA testing where appropriate (see 7 FAM 1130).

7 FAM 1446.2-2 Record Maintenance

(CT:CON-362; 03-01-2011)

Record the serial number of the Form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America, in the appropriate space on the upper right corner of the application and list it in the ACS System.

7 FAM 1446.2-3 Release of Document

(CT:CON-362; 03-01-2011)

Issue the completed Form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America, to the parent(s) or legal guardian(s) who initiated the application.

7 FAM 1446.2-4 Authenticated/Apostilled Copies

(CT:CON-419; 09-04-2012)

a. Effective January 2011, Form DS-1350, Certification of Birth, will no longer be issued, but authenticated/apostilled copies of the FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America, may be requested. These documents can be provided to the registrant (person in whose name it was issued), parent(s), or legal guardian(s) in multiple copies upon payment of the appropriate fees (see Schedule of Fees, 22 CFR 22.1).

b. The fee may be paid by a U.S. dollar check or money order made payable to Passport Services and must accompany the notarized request for the document. Parents should be advised that they may need to wait up to 6 months after the Form FS-240 is issued before they can apply for additional copies of the FS-240 to allow time for the record to be filed at the Department. There is no 1-day service or walk-in service for replacements or authenticated/apostilled copies of this document.

7 FAM 1446.2-5 Disposition of File Copy

(CT:CON-530; 09-17-2014)

a. Forward the Departments file copy of the Form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America, to the Department for filing within 30 days after the issuance of the report, with the application and supporting documents attached below it via registered pouch. Staple or otherwise affix documents together to prevent separation in transmission or filing errors. File copy should be sent by pouch or express mail to the following address:

b. To avoid damage to the documents in the sanitizing process, do not use regular mail.

7 FAM 1446.2-6 Disposition of Unclaimed Parents' Copies of CRBAs

(CT:CON-419; 09-04-2012)

a. If the CRBA has remained a post for 90 days and the applicant cannot be located, the ACS officer at post should annotate the ACS system to reflect that the issued CRBA was unclaimed.

b. The unclaimed issued CRBA must then be destroyed at post.

c. If the parents contact post after the issued CRBA has been destroyed, advise the parent(s) to contact Passport Services to apply for a replacement CRBA.

d. There is no refund for an unclaimed CRBA which has been destroyed.

e. Changes are being made to systems associated with CRBAs and Accountable Items which will provide a means for posts to both destroy these issued CRBAs and record for both accountable items and citizenship records purposes.

7 FAM 1447 AMENDING THE Form FS-240

7 FAM 1447.1 Why Amended

(CT:CON-163; 04-10-2007)

An amendment is usually made to correct an error in information appearing on the face of the document. It may also record a change of name by an adoption or other legal proceeding.

7 FAM 1447.2 Where Amended

(CT:CON-419; 09-04-2012)

a. After a Form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America, has been issued and the Form DS-2029, Application for Consular Report of Birth Abroad of a Citizen of the United States of America, has been filed in the Department, the document can be amended only by the Passport Services Vital Records Section, CA/PPT/TO/RS/DO/VR.

b. Upon presentation of sufficient evidence, that office prepares a new Form FS-240 showing the amended data, upon request by the parent(s), legal guardian(s), or the registrant (person in whose name it was issued).

c. After the registrants 18th birthday, only the registrant may request amendment.

7 FAM 1447.3 Requesting Amendment/Correction

7 FAM 1447.3-1 Written Request

(CT:CON-530; 09-17-2014)

a. Persons requesting an amendment of the Form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America, for any reason other than post error at the time of adjudication and processing, must submit a signed notarized request addressed to:

b. In cases where a correction is necessitated by post error at the time of adjudication and processing, post must request correction on the applicants behalf by sending the original FS-240 to CA/PPT/TO/RS/DO/VR under cover of a memo explaining the need for a correction with post collecting no additional fee from the applicant. Send the request to:

7 FAM 1447.3-2 Contents of Request

(CT:CON-530; 09-17-2014)

a. Advise requestors to include appropriate supporting documents (such as an adoption decree or court decree showing legal change of name). In every case include the previously issued Form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America (CRBA), or an affidavit explaining the unavailability of this document, as well as the appropriate fee, if any (see 7 FAM 1447.3 (no additional fee if post is responsible for the error)). This fee is the same as for the originally issued Form FS-240. Payment is made in the form of a check or money order payable to "Department of State."

b. In cases where applicants send a request for amendment directly to the Department rather than going through post, and include with the request payment of a fee for the amendment or correction, the Department will charge no additional fee if it determines that the need for amendment or correction is due to post error. In such cases, the Department will submit a request for a refund of any fee the applicant sent in with the request for amendment.

c. Requests for amendment must be supported by documentary evidence regarding the fact to be amended. All documents must be certified, affidavits notarized, and request must include a notarized photocopy of photo identification, such as a drivers license.

7 FAM 1447.4 Identifying Amended Document

(CT:CON-362; 03-01-2011)

The serial number assigned to an amended Form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America, will be the same as the number on the original, but will be followed by a dash and a number indicating it is not the original issuance (e.g., -1 for first amendment).

7 FAM 1448 REPLACING A Form FS-240

7 FAM 1448.1 Written Request Requesting Replacement

(CT:CON-530; 09-17-2014)

When a Form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America, is lost, stolen, or mutilated, or accidentally destroyed, a person may obtain a replacement from the Department by following the instructions on the CA Internet page on How to Apply for a Certified Copy of a Consular Report of Birth Abroad, submitting a notarized written request to:

7 FAM 1448.2 Contents of Request

(CT:CON-587; 07-06-2015)

a. Advise the requester to include the following complete identifying information:

(1) Submit a signed and notarized written request including all pertinent facts of the occasion along with a copy of the requesters valid photo identification. Only the subject, parent, or legal guardian may request a birth record;

(2) Provide the following general information:

(a) Date of request;

(b) Purpose of request;

(c) Document requesting (Consular Report of Birth Abroad, Report of Death, Canal Zone Birth and Death certificates, Certificate of Witness of Marriage, or Certification of No Record);

(d) Number of documents requesting; and

(e) Current mailing address and daytime telephone number;

(3) Facts of birth, death, or marriage:

(a) Name (at birth/death/marriage);

(b) Name after adoption (if applicable);

(c) Date of birth/death/marriage;

(d) Country of birth/death/marriage;

(e) Fathers name;

(f) Fathers date and place (state/country) of birth;

(g) Mothers name; and

(h) Mothers date and place (state/country) of birth;

(4) Passport information:

(a) Passport used to first enter the United States;

(b) Name of bearer;

(c) Date of issuance;

(d) Passport number; and

(e) Date of inclusion (if passport was not issued to the subject);

(5) Current passport information:

(a) Name of bearer;

(b) Date of issuance; and

(c) Passport number; and

(6) Fees:

(a) See 22 CFR 22.1 for Current Schedule of Fees;

(b) Check or money order must be signed, dated, and made payable to Department of State;

(c) Remittance must be payable in U.S. dollars through a U.S. bank; and

(d) Do not send cash.

b. Turnaround time: In most cases, turnaround is 2 to 6 weeks.

c. Expedited service: Overnight delivery can save about 10 days mailing time, but there is no way to reduce the processing time. The Department can provide overnight return express delivery services if requested, upon payment of the overnight delivery fee. Alternatively, requester may opt to provide a pre-paid airbill for the carrier of choice.

d. Additional information: The Vital Records Section of Passport Services may be reached by phone at 202-485-8300.

7 FAM 1448.3 Affidavit Regarding Loss or Theft

(CT:CON-362; 03-01-2011)

The request must include an affidavit setting forth the circumstances surrounding the loss, theft, or mutilation of the previous document, and the appropriate fee, as determined by the current Schedule of Fees (22 CFR 22.1) in effect at the time of the request.

7 FAM 1449 ADMINISTRATIVE FUNCTIONS

7 FAM 1449.1 Unassigned

7 FAM 1449.2 Unassigned

7 FAM 1449.3 Confidentiality of Records

7 FAM 1449.3-1 Individual Records

(CT:CON-457; 05-03-2013)

Information contained in the Form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America, including Form DS-2029, Application for Consular Report of Birth Abroad of a Citizen of the United States of America, the Form FS-240, as well as data in the ACS System, is subject to the Privacy Act. Information in the files may not be divulged to third parties without the registrants consent except as provided by the Privacy Act (see 7 FAM 060 and 7 FAM 1300 Appendix J).

7 FAM 1449.3-2 Group Records

(CT:CON-362; 03-01-2011)

Consular officers may not furnish requestors a list of persons whose birth and citizenship are registered at a U.S. Foreign Service post, nor may you provide any summary of such records. The Privacy Act prohibits this information from being released. (See 7 FAM 060 and 7 FAM 1300 Appendix J). This caveat does not pertain to warden lists, which have no relation to birth records (see 7 FAM 070).

7 FAM 1449.4 Controlling Fees Collected

(CT:CON-362; 03-01-2011)

Collect and account for fees submitted for the issuance of Form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America, as required by standard Department accounting and fiscal procedures (see 7 FAH-1).