American Citizen Services
Documenting your Child as a U.S Citizen
Is your Child a U.S. Citizen?
When a child is born to at least one U.S. citizen parent outside of the United States, U.S. law may confer citizenship on the child, depending on various factors. Citizenship laws are complex, and it is impossible to address all factual situations here. Below, however, are the most common ones:
- A child is born abroad to a U.S. citizen father and a non-U.S. citizen mother, and the parents were married at the time of the birth: The child will qualify for citizenship if the father was present in the United States for at least five years, including two years after the age of 14, before the birth of the child.
- A child is born abroad to a U.S. citizen father and a non-U.S. citizen mother, and the parents were not married at the time of the birth: The child will qualify for citizenship if the father was present in the United States for at least five years, including two years after the age of 14, before the birth of the child. In addition, the father must either legitimate the child under Colombian law, or sign a statement in front of a notary public or consular officer in which he acknowledges paternity and promises to support the child until he/she is 18 years old.
- A child is born abroad to a U.S. citizen mother and a non-U.S. citizen father, and the parents were married at the time of the birth: The child is a U.S. citizen if the mother was present in the United States for at least five years, including two years after she was 14 years old, before the birth of the child.
- A child is born abroad to a U.S. citizen mother and a non-U.S. citizen father, and the parents were not married at the time of the birth: The child is a U.S. citizen if the mother was physically present in the United States for at least one year before the child's birth, regardless of the mother's age at the time she was present.
- A child is born abroad to two U.S. citizen parents, regardless of whether they are married at the time of the birth: The child is a U.S. citizen if at least one of the parents has resided in the United States for at least some portion of his/her life. The law does not set out a minimum period of time during which the parent must have resided in the United States.
In some cases, time spent overseas working for the U.S government and other organizations may count under the physical presence requirements noted above. Other specific laws may also affect citizenship in particular cases. If you think your child may be a U.S. citizen, but you are not sure, please contact the Embassy's American Citizen Services office for guidance at ACSBogota@state.gov.
If Your Foreign-Born Child is a U.S. Citizen: How to Document Your Child
If your child was born outside of the United States and you believe he/she is a U.S. citizen, your first step is to apply for the child's Consular Report of Birth Abroad. This document serves as proof of U.S. citizenship and is generally a prerequisite for the issuance of a U.S. passport. Although applications are accepted up until the child's 18th birthday, you should apply for your child's Consular Report of Birth Abroad as soon after his/her birth as practical. Applications submitted years after the child's birth often take significant time to resolve because evidence to prove the child's citizenship may be difficult to obtain.
To request a Consular Report of Birth in Colombia, an application must be personally submitted to the U.S. Embassy in Bogotá or to the U.S. Consular Agency in Barranquilla. Applications at the Embassy are submitted by appointment; please contact the Embassy's American Citizen Services office at ACSBogota@state.gov to schedule a time. If you plan to submit your application at the Barranquilla Consular Agency instead, no appointment is necessary.
In all cases, the child and at least one of the parents must appear personally at the time of application. If practical, both parents should accompany the child, since the consular officer will be better able to determine citizenship if he/she has the opportunity to interview both parents in person. If only one parent is present, the consular officer has the discretion, depending on the facts of the case, to withhold a determination of citizenship until he/she has an opportunity to interview both parents.
Required Forms
When you visit the Embassy or the Consular Agency, you will be asked to fill out and submit up to five different forms:
The application for the Consular Report of Birth Abroad. This form can be filled out and signed by either parent. The signature must be notarized by a notary public, either in the United States or Colombia, or at the U.S. Embassy or Consular Agency when you submit your application.
An application for the child's Social Security number is available on the third page of the application for the Consular Report of Birth Abroad.
An affidavit of paternity/maternity and physical presence must be completed by the U.S. citizen parent if the other parent is not also a U.S. citizen. It is not required if both parents are U.S. citizens. The affidavit requires the U.S. citizen parent to acknowledge that the child is his/hers, and to state, as specifically as possible, the parent's periods of physical presence in the United States. Extra sheets may be attached as necessary. The document must be notarized or signed in front of the consular officer at the time of application.
The application for the child's U.S. passport. While you are not required to apply for your child's passport at the same time that you apply for his/her Consular Report of Birth Abroad, you are encouraged to do so. Please do not sign the application until the consular officer interviews you. Click here for more information on applying for your child's passport.
A statement of consent for the issuance of a passport must be submitted if one of the parents does not accompany his/her child to the Embassy or Consular Agency. A parent who cannot appear must fill out the form, sign it in front of a Colombian or U.S. notary, and give the form (original or fax) to the other parent, who will then present it at the time of application. If the parent is unavailable to fill out the consent form, the form may also be used to explain the parent's unavailability. This form must be completed in English.
Required and Suggested Evidence
Proof of physical presence in the United States: In cases in which only one parent is a U.S. citizen, that parent must submit evidence that he/she was present in the United States for the required amount of time prior to the birth of the child. (See Section I.) Such evidence frequently takes the form of passports; tax records, including W-2 forms; pay statements or other evidence of employment; school transcripts; apartment leases; or annual Social Security statements. These are merely suggestions, and you are encouraged to submit all available documentary proof. If no such evidence is available, the consular officer will advise you at the time of your application what alternatives you may have for proving your presence in the United States.
Child's birth certificate - long form required: You must submit a certified copy of the child's Colombian birth certificate. Colombian authorities generally issue two types of birth certificates; you must present the long-form version. If you have not registered your child's birth in Colombia, you can do so at a Colombian notary's office.
Proof of parents' identity: Each parent must submit an original or copy of his/her government-issued identification, such as a driver's license or cedula, or the photo page of his/her passport.
If parents are married - proof of parents' marriage and termination of previous marriages: If the child's parents are married, the consular officer may also request a certified copy of their marriage certificate. If either parent has been married previously, the consular officer may request evidence that any previous marriages were terminated, such as a certified divorce decree or death certificate. While these documents are not always required, it is to your advantage to bring them in case the consular officer requests them.
Proof of paternity/maternity: In cases in which paternity or maternity is in question, the consular officer may request additional proof. Sometimes this proof may take the form of family photographs, baptism records, medical records, or other documents. In other cases, DNA testing may be suggested. If DNA testing is appropriate in your case, the consular officer will advise you about the process. Please note that DNA testing will not be accepted if it is performed without the consular officer's guidance.
Additional evidence: The consular officer, in his/her discretion, may request additional documents or other evidence as necessary. You will be advised at the time of application if such evidence is required in your case.
Photos
No photo is required for the Consular Report of Birth Abroad. If you are also applying for your child's passport, you must bring two recent, identical photos of the child, each measuring 5x5 cm (2x2 inches) and with a white background. Photo labs are abundant in major cities around Colombia, and across the street from the Embassy.
Fees
The cost of applying for a Consular Report of Birth Abroad is US$65, and is not refundable even if your application is denied. The fee for applying for you child's passport is an additional US$82. These fees are payable at the time of application, in dollars or pesos. At the Embassy only, you may also pay with a credit card. Checks and debit cards are not accepted.
Pickup or Delivery of Documents
The method of pickup or delivery, and the time required, depend on where you apply. If you apply at the Embassy, your child's Consular Report of Birth Abroad and U.S passport will be available for pickup approximately one week after your application is approved. Delivery of the documents by a courier service is available at an additional charge of Col $40,000, payable only in cash (pesos) at the Embassy. The documents will arrive by courier service approximately two weeks after your application is approved. If you apply at the consular agency in Barranquilla, your documents will be available for pickup approximately three weeks after your application is approved. No delivery service is available from the Consular Agency.
Children Born in Other Foreign Countries
If your child was born in another foreign country, but is currently in Colombia, you may still submit an application for the child's Consular Report of Birth Abroad and passport in Colombia, as described above. Your application will then be sent to the U.S. Embassy in the country where your child was born, and a consular officer there will make a determination of the child's citizenship. This process may take several months, however, and you are therefore encouraged to apply in the country where your child was born.
If Your Child is 18 Years or Over
The Consular Report of Birth can be issued to U.S. citizens only before their 18th birthday. If your child has a claim to citizenship and he/she is 18 or older, please contact the Embassy's American Citizen Services office for guidance at ACSBogota@state.gov.
Additional Questions
If you have additional questions or would like specific guidance about your case, please send an email to the Embassy's American Citizen Services Unit at ACSBogota@state.gov. The Department of State's website offers general information about the Consular Report of Birth Abroad, including how to request a replacement copy.