Consular Report of Birth Abroad (CRBA) Immigration Attorney In Phoenix, AZ

If you are a U.S. citizen and have a child that was born in another country, your child may be able to apply for a document called the Consular Report of Birth Abroad (CRBA) to show that your child is a U.S. citizen. Think of it like a birth certificate from the U.S. government for babies born outside the U.S. It's essential for parents to understand the requirements and steps needed to prepare for a CRBA submission. These applications have strict guidelines, and failure to meet the requirements can result in the denial of the application. An immigration attorney experienced in handling CRBA applications can provide clarity and guidance through the application process.

If you need to apply for a CRBA in Phoenix, AZ, please contact experienced immigration attorney Vianey K. Hurtado. When you work with attorney Vianey K. Hurtado, she will help ensure that all application forms are correctly completed, guiding you toward achieving your immigration goals. With proven results, Vianey Hurtado brings professional experience and a personal understanding of the immigration experience, being an immigrant's daughter herself. Vianey has made it her life's work to help reunite families and advocate for her clients. Please contact us today to schedule a comprehensive case evaluation. Our law firm speaks Spanish and serves the areas of Phoenix and Yuma.

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What Are The Eligibility Requirements For A CRBA In Arizona

When a U.S. citizen has a child born abroad (outside of the U.S.), they can apply for their child's American citizenship through a Consular Report of Birth Abroad (CRBA), allowing them to also apply for a U.S. passport at the same time.. However, only some children born abroad to one or both United States citizen parents are eligible. The eligibility requirements are based on the year that the child was born. In general, here are the eligibility requirements for obtaining a CRBA:

Age of the Child:
- The application for a CRBA must be made before the child turns 18.
- After 18, the process of claiming U.S. citizenship becomes more complicated and follows different rules.

Parental Citizenship Status:
- At least one parent must be a U.S. citizen when the child is born.
- If both parents are U.S. citizens, it's generally more straightforward. You must still generally prove that at least one parent had resided in the United States or one of its outlying possessions.
- If only one parent is a U.S. citizen, additional requirements are needed, such as the U.S. citizen parent meeting certain residency and physical requirements in the United States before the child’s birth in accordance with the applicable provision.

Marital Status of the Parents:
- The requirements differ based on whether the parents are married( in wedlock).
- For children born to married parents, it's usually enough if one parent is a U.S. citizen. However, keep in mind that you just generally prove the residence or physical presence requirement in accordance with the applicable provision before the child was born.
- For children born to unmarried parents, especially if the father is a U.S. citizen, there might be additional legal steps like establishing paternity and a commitment to support the child.

Required Documentation:
- To apply, parents need to provide documentation like the child's foreign birth certificate, the parent's marriage certificate (if applicable), and proof of the U.S. citizen parent's time in the U.S.
- Documentation proving the U.S. citizenship of the parent(s) is also necessary, like a U.S. passport.

Application Process:
- The process involves filling out Form DS-2029 and submitting it to the nearest U.S. Embassy or Consulate in the country where the child was born.
- You may also apply for a U.S. passport at the same time as the CRBA application, by filling out Form DS-11.
- An interview is often part of the application process.

Physical Presence Requirement in the U.S. For A CRBA

The physical presence requirements for a U.S. citizen parent vary based on marital status and the parent's citizenship for a CRBA. Here's a detailed explanation of these requirements:

Child Born to Two U.S. Citizens in Wedlock: At least one of the parents must have resided in the U.S. at some point. This rule is relatively lenient, as no specific duration of time is required.

Child Born to One U.S. Citizen and One Non-U.S. Citizen in Wedlock:
- After November 14, 1986: The U.S. citizen parent must have physically lived in the U.S. for at least five years before the child's birth. Notably, two of these five years must have been after the parent turned 14.
- Between December 24, 1952, and November 13, 1986: The rules are more demanding for this period. The U.S. citizen parent must have been physically present in the U.S. for ten years before the child's birth, with at least five of those years occurring after the age of 14.

Child Born before June 12, 2017 to a U.S. Citizen Mother Out of Wedlock: The U.S. citizen mother must have continuously lived in the U.S. for at least one year before the child's birth. It is important to note that the U.S. Supreme Court Case, Sessions v. Morales-Santana, 137 S. Ct. 1678 (2017), changed this requirement for children born on or after June 12, 2017. Children born on or after June 12, 2017, have to show that their U.S. citizen mother was physically present in the United States or its territories for a period of five years. Notably, two of these five years must be after the Mother turned 14.

Child Born to a U.S. Citizen Father Out of Wedlock:
- For Children Born On or After November 14, 1986: The U.S. citizen father must have lived in the U.S. for at least five years, with two of those years occurring after he reached age 14.
- For Children Born Between December 24, 1952, and November 13, 1986: The requirement is ten years of physical presence in the U.S., five of which must be after the father turned 14.
- Establishing Biological Relationship: If the embassy or consulate questions the biological relationship between the U.S. citizen's father and the child, additional evidence may be required. This could include documentation showing the relationship between the father and the mother. If documents aren't sufficient, a DNA test may be requested. Merely sworn statements from the parents are not enough to establish this biological relationship.

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Contact A CRBA Immigration Attorney in Phoenix, AZ

Understanding the requirements and steps for a CRBA is vital to securing U.S. citizenship for your child. The application process has strict guidelines, and any mistake could lead to the application being denied. An immigration attorney with experience in CRBA applications can be helpful in this process. They can offer advice on eligibility, help organize documentation, assist in completing forms, and provide representation during interactions with U.S. Embassies or Consulates. An attorney's guidance can clarify the process and help ensure your child's U.S. citizenship application is successfully processed.

If you need to file a CRBA application in Phoenix, AZ, please contact immigration attorney Vianey K. Hurtado. She offers guidance in correctly completing application CRBA forms and helping clients with their immigration pursuits. With a personal connection to immigration as an immigrant's daughter, Vianey Hurtado is dedicated to reuniting families and advocating for her clients. Contact our law firm for a detailed case evaluation; we offer Spanish-speaking services and serve the Phoenix and Yuma areas.