Acquiring U.S. Citizenship at birth
A Consular Report of Birth (Form FS-240) is official evidence of U.S. citizenship issued to a child under age 18 born abroad to a United States citizen parent(s) who acquires citizenship at birth. Because a child's foreign birth certificate is insufficient to prove U.S. citizenship, the Consular Report of Birth Abroad is primary evidence to show how and when a child acquires U.S. citizenship. The Application for Consular Report of Birth Abroad or CRBA (Form DS-2029/SS-5) must be submitted by a U.S. citizen parent in person before the child's 18th birthday. Most, but not all, children born abroad to a U.S. citizen parent, are eligible to be documented as U.S. citizens through issuance of a CRBA. Please see the following link for more information: Information on acquiring citizenship by birth abroad.
Although not technically a birth certificate (which can only be issued by the local jurisdiction), the CRBA can be used in the United States in the same way as a birth certificate issued by a city or county registrar's office. We encourage parents to document their child's citizenship as soon as possible after the birth. A passport application for the child can be submitted at the same time. Please note the child must appear at the U.S. Embassy.
This process is often time consuming. You may be asked to return to the Embassy with further information to support your case. If you do not return with any requested information within 90 days, your application will be considered abandoned. Please note that Embassy Tripoli can approve or deny CRBA applications only for children born in Libya. If a child was born in another country, we can only collect the application and supporting documents and forward them to the U.S. Embassy in that country for adjudication.
1. Make an appointment online. We accept applications for Consular Reports of Birth Abroad by appointment only.
2. Complete form DS-2029, Application for Consular Report of Birth Abroad. Do not sign the form until instructed to do so at your appointment.
3. If the parents are unmarried, complete form DS-5507, Affidavit of Parentage, Physical Presence and Support. Do not sign until instructed to do so at your appointment.
4. If applying for a passport at the same time, complete the passport application form DS-11. Both parents must sign the passport application for children under the age of 16, but do not sign until instructed to do so at your appointment. Please see additional passport requirements for children under the age of 16.
When you appear for your appointment, please bring:
- Your child – even a newborn, must appear in person at our office at the time you make the application. There are no exceptions for this requirement.
- Both parents (or a notarized consent from the non-appearing parent)
- Original Libyan birth certificate for the child (issued by the local office) and an English translation.
- Proof of citizenship of U.S. citizen parent(s)-please bring one of the following original documents: a U.S. passport (please bring your passport if you have one), a U.S. birth certificate (original or copy certified by an official government custodian of birth records), a Certificate of Naturalization (required for naturalized citizens even if presenting a U.S. passport), or a Consular Report of Birth Abroad.
- Passport (if available) or ID card of non-U.S. citizen parent, if applicable.
- Parent's marriage certificate, if any (original or certified copy). Please provide an English translation if the original is not in English.
- Proof of termination of any previous marriages, if any, in the
- Divorce decree (original or certified copy), or
- Death certificate (original or certified copy).
- Parents' current and previous passport(s) – previous passport(s) are needed if the current passport does not cover the time of conception and pregnancy.
- A statement from either U.S. citizen parent and evidence that she/he lived in the United States long enough to transmit citizenship to her/his child. The statement you give is called an Affidavit of Parentage, Physical Presence, and Support. How long is long enough? That will depend on whether the parents are married, and whether one or both is a U.S. citizen. Learn more about transmitting citizenship here. How you prove you were physically present will depend a lot on your situation. There is no one-size-fits-all answer. Some examples of acceptable evidence include school transcripts, old passports, income tax returns, utility bills in the name of the parent, employment records, military records, and or medical records. The more you can provide, the easier it will be for the consular officer to approve the CRBA.
- If applying for a passport at the same time, two identical photographs are required. They must be recent, 2 x 2 inches (with the size of the head between 1 and 1 3/8 inches), in color. The photos must be clear, front view, full face, and in focus. The background must be plain white or off-white. Please print the applicant's first and last names on the backs of both photos.
- Pay the required fees. A Consular Report of Birth Abroad is $100/138 Libyan dinar, $105/144 Libyan dinar for a passport for a minor under the age of 16. Fees may be paid in U.S. Dollars or Libyan Dinar. Please bring the exact amount. We cannot give change in U.S. dollars or Libyan dinar.
- Consular Reports of Birth Abroad and passports must be picked up at the ACS section by the applicant, applicant's parents, or authorized representative. The CRBA is printed in the United States and will be available a month after approval.
NOTE ABOUT SOCIAL SECURITY CARDS
Embassy Tripoli does not have a local Social Security Administration (SSA) presence. All applications accepted by the Consulate are sent to the SSA Regional Office in Paris. The Embassy does not accept or process applications.
In practice, the Social Security card takes between four and six months to arrive. If possible, we highly recommend applying for the Social Security card in the United States, where it will be processed significantly faster.
Please note that we cannot be responsible for the length of time required to process applications. If you have questions about your Social Security card or have not received it, please direct your inquiry to the Paris office at email@example.com.
NOTE: If it is determined that a U.S. citizen cannot transmit citizenship to his or her child, he or she should consult the Child Citizenship Act of 2000 which provides an alternative means of seeking citizenship for children of U.S. citizens who do not acquire citizenship at birth.
Replacing a Consular Report of Birth Abroad
A replacement Consular Report of Birth or form DS-1350 (Certification of Report of Birth, which contains the same information as CRBA and is acceptable for all legal purposes) can be issued in multiple copies but cannot be obtained overseas. They can be obtained by writing to:
1111 19th Street, N.W., Suite 510
Washington, D.C. 20521-1705
A written request should include:
- Full name of child at birth (plus any adoptive names);
- Date and place of birth;
- Names of parents;
- Serial number of the FS-240 (on FS-240s issued after November 1, 1990);
- Any available passport information;
- Signature of requester;
- Notarized affidavit for a replacement FS-240 (if applicable).
The fee is $12 per document, payable to the "Department of State" by check or bank draft drawn on a bank in the United States, or money order. The Department will assume no responsibility for cash lost in the mail. Copies will be provided to the person who is the subject of the Report of Birth, the subject's parents, the subject's legal guardian, or a person who submits written authorization from the subject of the Report of Birth.
To submit your application for a Consular Report of Birth Abroad, please make an appointment online.
This is the actual time when the parent was physically within the borders of the United States. This means that any travel outside the United States, including vacation, should be excluded. Maintaining a residence in the U.S. does not constitute physical presence. Proof of physical presence can include but is not limited to entry/exit stamps in old passports, U.S. academic transcripts, payroll slips, tax documents if you declared full-time income, Government or Military service records, etc. NOTE: any periods of time spent overseas with the United States Military/Government or qualifying international organization (such as the United Nations) may be computed as physical presence in the United States for transmission of citizenship purposes. Time spent as a dependent of such person may also be computed as physical presence. Military records or other proof may be requested.