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How Foreign-Born Citizens Can Obtain Proof of U.S. Citizenship
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Foreign-born United States (U.S.) citizens can use a U.S. passport or an enhanced driver’s license to prove their U.S. citizenship. U.S. citizens born in a foreign country to American parents can use a consular record of birth abroad to prove their U.S. citizenship.
Many core rights, benefits, and legal protections in the U.S. hinge on being able to prove you are a citizen—not just claim it. U.S. citizens without the proper proof of citizenship can face issues with:
- Certain benefits, like Social Security and federal student aid
- Immigration enforcement errors
- Travel or reentry to the U.S.
- Renewing a passport or driver’s license
Citizenship passed through parents can be legally complex. An immigration attorney can help correct or obtain records and prevent future issues.
Keep reading to learn the ways a foreign-born citizen can prove their U.S. citizenship.
Evidence of U.S. Citizenship
To show proof of citizenship in the United States of America, you will often need one or more of the following documents:
- U.S. Birth Certificate
- School records
- Census record
- U.S. military documents
- Medical records
- Adoption decree, if applicable
- Certificate of Naturalization
- Parents’ birth certificates
- Marriage certificates
- Divorce decree
Naturalization
Foreign-born U.S. citizens typically attain U.S. citizenship through naturalization or marriage. They go through the legal immigration process, ending with a naturalization ceremony, and become naturalized citizens.
To begin the naturalization process, permanent residents and green card holders can apply for U.S. citizenship after residing in the U.S. for three (spouses) to five years. Once they meet the requirements, they file an Application for Certificate of Citizenship (Form N-600) with the U.S. Department of Homeland Security (DHS).
Once they become citizens, they can then complete a passport application. Their U.S. passport is one way to prove their U.S. Citizenship.
Consular Report of Birth Abroad (CRBA)
A CRBA is a document showing proof that your child was born a U.S. citizen. The document is issued to children born outside of the U.S. or who acquired U.S. citizenship at birth and are under 18 years old at the time of application.
The name or names of the parents listed on the CRBA are those who have a genetic or gestational connection with the child. The name of the parent(s) who is transmitting U.S. citizenship to the child should be listed on the report. The name of the non-U.S. citizen parent may also be listed on the certificate with the consent of the parent transmitting U.S. citizenship.
Reporting the Child’s Birth
U.S. citizens living overseas should report the child’s birth at the closest U.S. consulate or U.S. embassy. Do this as soon as possible so the U.S. government can issue a Consular Report of Birth Abroad (CRBA) and/or U.S. passport. This will be an official record of the child’s birth, which the child can use to prove U.S. citizenship.
Parents only have five years to register the child’s birth. Failure to register the child before their fifth birthday may result in the loss of the chance of obtaining CRBA. If you are living overseas and believe you are a U.S. citizen, the U.S. Department of State can check its records to determine your eligibility for U.S. citizenship.
Certificate of Citizenship
The U.S. Citizenship and Immigration Services (USCIS) issues citizenship certificates to those with a confirmed claim to American citizenship. This is another way for foreign-born U.S. citizens to prove their citizenship.
Obtaining a Duplicate Certificate of Citizenship
U.S. Citizens who lose their Certificate of Naturalization or Certificate of Citizenship may file for replacement. The process begins by completing Form N-565 or the Application for Replacement Naturalization/Citizenship Document. This form is often used when the original certificate is lost, destroyed, stolen, or mutilated. You can also use Form N-565 to correct errors found in the original document or when applying for a particular certificate with updated information or name.
U.S. Passports
Naturalized citizens can show a U.S. passport or identification card (including a state-issued driver’s license) to prove their U.S. citizenship. Although applying for a passport or identification card is fairly straightforward, naturalized citizens or citizens born abroad may have to provide the following documents:
- Proof of your parent or parents’ citizenship (Form N-600 or their naturalized citizen certificate)
- Birth record, if applicable
- Proof of meeting residency requirements
- Social Security records
Get Legal Help With Proof of Citizenship
Even though obtaining proof of citizenship is usually straightforward, some citizens face complications that require legal help. For example, some children born abroad or adopted internationally may not have accurate birth records or a Consular Report of Birth Abroad (CRBA).
If you or your child needs to obtain proof of U.S. citizenship, an attorney can help. They can assist with collecting documents that serve as evidence of citizenship and prepare legal affidavits if necessary.
FindLaw’s directory of immigration attorneys can get you started. Enter your city or ZIP code for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings, languages spoken, and whether they offer free consultations.
Can I Solve This on My Own or Do I Need an Attorney?
- Some people can get a green card or complete immigration forms without hiring legal help
- Complex immigration cases (such as having a criminal history or past immigration violations) may need the support of an attorney
- Some non-profits and legal aid clinics offer low cost or free legal help for immigration issues
The immigration process can be stressful and slow. An attorney can offer tailored advice and help prevent common mistakes.
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