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Claiming Citizenship: Over 18 & Born Abroad

By George Lake

Claiming Citizenship: Over 18 & Born Abroad

 

People who are born abroad to a U.S. citizen parent or parents may be able to acquire birth-right citizenship. This is determined by many factors; laws at time of birth, amount of time a U.S. parent resided in the U.S. prior to child being born, and in some cases the marital status of the biological parents. To claim citizenship over the age of 18 you must have your U.S. parent(s) listed on the birth certificate, as well as, confirm that your parent(s) had the prerequisite physical presence in the U.S. required by U.S. citizenship law at the time of your birth. 

 

First Steps – Passport & Social Security Number 

 

When claiming a U.S. citizenship you must also apply for your first passport by filling out the DS-11 form. Print out the DS-11 form on two sheets, single-sided, pages 5 and 6. Do not sign the form. On the DS-11 form you will be asked to provide your social security number. If you do not have one you must submit a statement that is signed and dated saying; 

 

“I declare under penalty of perjury under the laws of the United States of America that the following is true and correct: I have never been issued a Social Security number by the Social Security Administration.”

 

On the DS-11 application you should put zeros in place for SSN numbers. After receiving the receipt of your new passport apply for a social security number immediately. 

 

Required Documents & Evidence 

 

Passport Photo: 2” x 2” (5×5 centimeters) sized photo with white background. The applicant must look straight at the camera, no eye glasses should be worn. 

 

Local Birth Certificate: Obtain an international version of your birth certificate, or if an international birth certificate is not available, obtain a sworn translation into English. 

 

Evidence of U.S. Citizenship of Parent(s): Include your parent’s U.S. passport or Certificate of Naturalization/Certificate of Citizenship. If your parent has not been issued one of the documents listed, then provide their U.S. birth certificate or their Consular Report of Birth Abroad. 

 

Evidence of Parents’ Marriage: Obtain a copy of your parent’s marriage certificate issued by the appropriate government authority (if your parents were married at the time of your birth). Note, religious records are not accepted. 

 

Evidence of Termination of Parent’s Previous Marriages (if applicable): Obtain a copy of your parents divorce decree/former spouses death certificate, etc. 

 

Evidence of Name Change (if applicable): If you and/or your parents have changed names through marriage, court order, etc. Obtain an original or certified copy of the relevant documents. 

 

Physical Presence of Parent(s) in the U.S.: Provide documents and evidence of periods of physical presence of your U.S. citizen parent in the U.S. prior to your birth. This included if/when a parent served abroad in the U.S. armed forces, or were employed by other U.S. agencies abroad (if applicable). 

 

Evidence of Parentage, Legitimation, or Financial Support: Provide credible and substantial evidence of a blood relationship between yourself and your U.S. parent(s). If born out of wedlock provide financial support and legal documentation of your parents having to take responsibility for you. This includes an Affidavit of Parentage, your U.S. parent(s) should accompany you to the appropriate U.S. embassy or consulate to sign the affidavit under oath. 

 

Photocopies & Sending Documents: When applying do not send any original documents, send legible black and white photocopies (include biographical information from passport). Only send the original completed, but unsigned, DS-11 passport form and Social Security Statement. Include a self addressed prepaid return envelope. When the application is approved your U.S. passport will be mailed back to you. When assembling your documents, do not staple them. Include a PDF of your request for an appointment with a signature and a date and include it in your mailed documents. 

 

The Interview

 

The appropriate U.S. The Embassy or Consulate will arrange the appointment for you. You cannot make your own appointment, but you can make your preferences known. 

 

  • You will be sent an email within 5 weeks of mailing in your first passport package. This email will include a date and time for an appointment. 

 

  • Bring all of the original documents with you to your appointment

 

  • Bring an envelope that is self addressed 

 

  • Payment of consular fees can be made at the appointment through credit/debit card. The card must be in the name of the applicant. 

 

  • Processing time from the appointment to the delivery of the passport may take from 5 to 6 weeks. Delivery is by mail only. 

 

We Can Help You Today: 

 

At Blue Lake Law, we have experience guiding clients through obtaining U.S. citizenship, no matter their circumstance. We understand how critical precision and speed are to your case. 

We’ll help you determine your eligibility, gather the required documentation, prepare you for your interview, and prepare your DS-11 form, ensuring that your petition is submitted correctly and efficiently. At Blue Lake Law we take pride in clear & effective communication with our clients and U.S. immigration services.

Contact us today to explore what is the right path to citizenship for you. 

 

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