Given the increased concern and need to establish proof of lawful status, clients are giving more attention to documents that establish U.S. citizenship. This is particularly true for clients who were born abroad and who either acquired or derived U.S. citizenship through a parent. This article will review the most common documents that are accepted by the Department of Homeland Security (DHS) as establishing citizenship. It will also explain the process of acquiring them and weigh their relative advantages and disadvantages.

The following documentation is considered acceptable to establish U.S. citizenship for purposes of petitioning for a family member, according to Form I-130 Instructions (04/01/24):

• A birth certificate issued by a civil registrar, vital statistics office, or other civil authority showing birth in the United States;
• An unexpired U.S. passport;
• A naturalization certificate or certificate of citizenship issued by U.S. Citizenship and Naturalization Service (USCIS) or the former Immigration and Naturalization Service;
• Form FS-240, Consular Report of Birth Abroad (CRBA), issued by a U.S. embassy or U.S. consulate; or
• An original statement from a U.S. consular officer verifying that you are a U.S. citizen with a valid passport.

1. U.S. Birth Certificate

Birth certificates are issued by the office of vital records or its equivalent from the state in which the individual was born. In some states, birth certificates are issued by delegated agencies like county or municipal offices. There is no national federal birth registry. Birth data is submitted to the state, county, or municipality by parents, doctors, midwives, and hospitals, typically via paper or electronic forms. These certificates serve as proof of identity and citizenship.

In California, for example, the California Department of Public Health – Vital Records issues certified copies of birth records. In order to obtain one, the applicant can make an electronic submission or a mail-in request. Only the registrant or an authorized person, such as a close family member, attorney, law enforcement official, or other agency personnel authorized by the state or by a court can apply for a copy of the registrant’s birth certificate. The following family members of the registrant qualify to apply, in addition to a legal guardian: parent, child, grandparent, grandchild, sibling, spouse, or domestic partner. Applicants for an authorized birth certificate must also submit a notarized statement verifying their relationship.

If the person was born in the United States but does not have a birth certificate, they should request a delayed one from the state and submit secondary evidence such as declarations from two persons who were present at their birth. Other forms of secondary evidence include:

• Religious records (a copy of a document bearing the seal of the religious organization showing that the baptism, dedication, or comparable rite occurred within two months after birth, and showing the date and place of the child’s birth, date of the religious ceremony, and the names of the child’s parents);
• School records (a letter from the first school the child attended showing the date of admission, the child’s date of birth or age at that time, place of birth, and names of the parents); and
• Census records (state or federal census records showing the child’s name, place of birth, date of birth, and age at that time).

Practice Tips

• If your client was born with the assistance of a midwife in the southern United States, USCIS may request additional evidence due to a historical pattern of fraudulent birth claims in such cases. It is recommended for your client to submit secondary evidence in these instances, such as religious records and declarations, to help substantiate the claimed birth and overcome any presumptions of fraud.

2. U.S. Passport

Passports are issued by the Department of State (DOS). Detailed instructions on how to apply are found on its website. First-time applicants will have to apply in person at a passport acceptance facility such as a U.S. post office, library, or local government office. Check with the facility to see if an appointment is necessary.

Applying for a child under 16 years old for a passport has additional requirements. Both parents or legal guardians must give their approval for a child to receive a passport, and they must be present when applying. If one or both parents or guardians cannot be present with the child, they will need to show additional documents and submit Form DS-3053, Statement of Consent, U.S. Passport Issuance to a Child. If one parent has sole legal custody or is the only parent or guardian, they will also need to submit additional evidence, such as a court order granting them sole custody or giving them permission to apply for a passport; certified copy of the child’s birth certificate listing them as the only parent; certified copy of the death certificate of the deceased parent; or certified copy of the judicial declaration of incompetence of the person who cannot appear. Finally, if one parent cannot be located but both parents or legal guardians still have custody, they can submit Form DS-5525, Statement of Special Family Circumstances. You cannot renew a child’s passport using Form DS-82. Passports for children under 16 years old are valid for five years.

When applying for a passport, an applicant will need to take the following steps: complete Form DS-11, which is available online, and print it out; gather the necessary documentation establishing U.S. citizenship, such as a U.S. birth certificate, Certificate of Consular Report of Birth Abroad, Certificate of Naturalization, or Certificate of Citizenship; bring a government-issued photo ID; and obtain a passport size photo.

Processing times vary. The current processing time is four to six weeks for routine processing and two to three weeks for expedited processing (for an extra fee). U.S. citizens may apply for a passport in the United States or abroad through the American Citizens section of the U.S. embassy or consulate. The fee for a first-time adult passport is $165; for a minor, it is $135.

Practice Tips

• Form N-600, Certificate of Citizenship, does not require both parents’ signatures. If your client is looking to demonstrate only that a child is a U.S. citizen and is unable to obtain the other parent’s consent for a U.S. passport, then N-600 may be a better option.
• You must submit an original or certified copy of a birth certificate, original Certificate of Naturalization, or original Certificate of Citizenship when applying for a U.S. passport. The U.S. State Department will not accept laminated certificates. They will return the original documents.
• The process to change a name on a passport changes depending on the situation. If applying less than one year after both the passport was issued and the name was legally changed, an applicant will need to complete Form DS-5504, mail their original passport, and an original or certified document that shows the name change, such as a marriage certificate, divorce decree, or court order. There is no passport fee. If more than one year has passed since either the passport was issued or the name was legally changed, an applicant may be eligible to renew their passport. They can do this using Form DS-82, or they can apply in person using Form DS-11. Again, an applicant needs to submit evidence of the legal name change and a fee, which varies by age. See Department of State for specific details.

3. Passport Card

A U.S. passport card is a wallet-sized, plastic card that is proof of U.S. citizenship and identity. It is issued to U.S. citizens who use it to travel by land or sea between the United States and Canada, Mexico, Bermuda, and some Caribbean countries. It is most often issued to U.S. citizens who live in northern and southern U.S. border states and cross the border to Canada or Mexico by land. The card is not valid for international travel by air. The validity of the card is the same as a passport book.

The process of applying for a passport card is the same as applying for a passport. Specifically, an applicant will need to take the following steps: complete Form DS-11 and print it out, gather the necessary documentation establishing U.S. citizenship, bring a government-issued photo ID, and obtain a passport size photo.

Processing times vary. The current processing time is four to six weeks for routine processing and two to three weeks for expedited processing (for an extra fee). The fee for a first-time adult passport card is $65; for a minor’s passport card, it is $50.

Practice Tip

• An applicant can choose to apply for a passport book and card at the same time by choosing “Both” on the top of Form DS-11.

4. Naturalization Certificate

Naturalization applicants receive their Certificate of Naturalization after they take the Oath of Allegiance at the naturalization ceremony. This occurs after they have successfully completed the interview and civics test and their N-400 application is approved. The naturalization certificate is not a travel document and cannot be used as a substitute for a U.S. passport. Naturalized citizens with dual nationality must enter and exit the United States with a U.S. passport; they are not allowed to enter with their foreign passport.

If the certificate is lost, destroyed, or damaged, the person may file Form N-565, Application for Replacement Naturalization/Citizenship Document. They can also apply for a new one if there was a typographical or clerical error in the original document caused by USCIS or by a subsequent legal name change. USCIS cannot make any changes to a certificate if the person provided an incorrect date or name on their Form N-400 and then swore to the facts by signing it. The fee is $555 ($505 if filing online) and the current processing time is six months.

5. Certificate of Citizenship

Applicants for a certificate of citizenship submit Form N-600. People born in the United States or who naturalized do not qualify for this certificate; it is used by people who were born abroad and acquired or derived citizenship.

Acquired citizenship at birth abroad: At least one parent was a U.S. citizen on the date the child was born, and the parent was physically present in the United States for at least five years (at least two of which after the age of 14) before the child’s birth. For children born prior to Nov. 14, 1986, the parent would need to have been physically present in the United States for at least ten years (at least five of which were after the age of 14). Different requirements exist if the child was born out of wedlock. Different rules also apply if the child was born to two U.S. citizen parents or to one U.S. citizen parent and one U.S. national. Many children who acquired citizenship abroad apply for a Consular Report of Birth Abroad (CRBA) and then enter the United States with a U.S. passport.

Practice Tips

• An applicant must demonstrate that the U.S. citizen parent meets the physical presence requirements to be eligible for acquisition. Advocates should work with their clients to gather evidence of the physical presence for the full five or ten years, such as tax, school, medical, or military records.
• An applicant must establish that their U.S. citizen parent held U.S. citizenship on the date of the applicant’s birth. If the parent is a naturalized U.S. citizen and the applicant does not have access to the naturalization certificate, whether due to the parent’s death or an estranged relationship, advocates should consider submitting a FOIA request to obtain a copy of the parent’s certificate.

Derived citizenship: Children derive citizenship if they have satisfied all the following requirements before turning 18: are a lawful permanent resident (LPR) residing in the United States in the legal and physical custody of at least one U.S. citizen parent. LPR children who turned 18 before Feb. 27, 2001, will need to have both parents be naturalized U.S. citizens unless exceptions apply.

Practice Tips

• Children who are being petitioned by a U.S. citizen parent and who will be consular processing are exempt from the affidavit of support requirements when applying for an immigrant visa because they will derive citizenship upon entering as an LPR. For that reason, they do not need to pay the USCIS immigrant fee ($335) and receive a green card (Form I-551) after entering as LPRs but can file instead for a certificate of citizenship or U.S. passport.
• An applicant must establish that their parent held U.S. citizenship on the date of the applicant’s birth. If the parent is a naturalized citizen and the applicant does not have access to the naturalization certificate, whether due to the parent’s death or an estranged relationship, advocates should consider submitting a FOIA request to obtain a copy of the parent’s certificate.
• An applicant must demonstrate that they are in the physical and legal custody of at least one U.S. citizen parent. Advocates should work with their clients to collect evidence, such as school or medical records listing the parents’ names, tax documents listing the child as a dependent, and residential lease agreements listing the child’s name.
• If a child cannot meet all the requirements for derivation of citizenship, advocates should screen the client for naturalization. They should also be prepared to explain to an officer at the naturalization interview why the applicant did not qualify for citizenship through derivation.

The fee for the N-600 is $1,385 ($1,335 if filing online). Adjudication usually requires an in-person interview. Processing times vary depending on the backlog at the local USCIS district office. A person can only apply for an N-600 within the United States. It is important to note that Form N-600 may only be filed once. Therefore, applicants should ensure that all required supporting evidence is included at the time of filing. They may appeal a denial of the N-600 within 30 days of the date of the USCIS decision, but they may not re-file. If the time for appeal has expired, they may only file a motion to reopen or reconsider.

Practice Tips

• A certificate of citizenship is more expensive, burdensome, and usually slower to obtain than a U.S. passport, so is it worth getting? Prior to a statutory change in 1982, the U.S. passport offered only some — not conclusive — evidence of citizenship. But passage of 22 USC § 2705 raised the passport to the same level and gave it the same “force and effect” as certificates of citizenship and naturalization. Nevertheless, a certificate of citizenship offers a permanent, unchangeable record of U.S. citizenship. It doesn’t expire and thus is more enduring. Also, people born abroad may be required to submit a certificate of citizenship when applying for Social Security benefits, a state-issued ID or driver’s license, financial aid, or passport renewal.
• DOS may revoke a passport or cancel a CRBA if it determines it was illegally, fraudulently or erroneously obtained. It may also revoke/cancel if it discovers that the document has been fraudulently altered or misused. It may revoke a passport if it is on notice that the bearer's certificate of citizenship or certificate of naturalization has been cancelled. This is set forth in 22 CFR § 51.60-51.65. The person may challenge the revocation by submitting a written request for an administrative hearing within 60 days. There is no automatic federal court appeal, but after exhausting administrative remedies, they may file a civil action in U.S. district court
• USCIS may cancel a certificate of citizenship if it was issued based on a false claim, misrepresentation, or concealment of material facts. It may also cancel if it was erroneously issued because the person was not in fact a U.S. citizen under law. Unlike the revocation of a passport, however, the agency must file a civil action in U.S. district court. This is set forth in 8 USC § 1453. It cannot unilaterally cancel a certificate of citizenship without judicial process if the individual contests it. Therefore, a bearer of a certificate has more rights than a bearer of a U.S. passport.

6. Consular Report of Birth Abroad (CRBA)

A CRBA documents that a child was a U.S. citizen at birth. CRBAs are issued by DOS to children under the age of 18 who are born abroad and received U.S. citizenship or nationality at birth. The CRBA is proof of U.S. citizenship and allows the recipient then to apply for a U.S. passport and enter the United States.

To apply for a CRBA, the child or the parent will need to visit the American Services section of the nearest U.S. embassy or consulate. Most of them offer the option to apply online by creating a MyTravelGov account, accessing the eCRBA application, completing it, and including payment of $100. The supporting documentation could include the child’s foreign birth certificate, proof of parental relationship to the child, proof of the parent or parents’ U.S. citizenship, and proof of the parent’s physical presence in the United States prior to the child’s birth. The consulate or embassy will then schedule an in-person interview.

The application for the CRBA is Form DS-2029. If one parent is not a U.S. citizen or the U.S. citizen parent is not present, they may need to complete Form DS-5507 to list periods of time spent in the United States, acknowledge the child, and agree to financially support them. Additionally, this form may also be used if a child was born out-of-wedlock and the father is a U.S. citizen or national. Please review the U.S. Department of State and the American Services section of the U.S. consulate/embassy in each respective country for additional instructions. The processing time varies, but it typically takes between four and eight weeks. Once the CRBA is approved, the documents are then printed in the United States and mailed to the applicant.

Final Practice Tips

• Forms N-400, Application for Naturalization; Form N-600, Application for Certificate of Citizenship; and Form N-565, Application for Replacement Naturalization/Citizenship Document are eligible for Fee Waiver, using Form I-912, Request for Fee Waiver. It may be helpful for advocates to screen clients for eligibility for the fee waiver when trying to determine what form of proof of citizenship they should pursue.