BASIC REQUIREMENT FOR ACQUISITION OF U.S. CITIZENSHIP BY A CHILD BORN ABROAD

A child born outside of the United States acquires U.S. citizenship at birth when the child meets the transmission requirements as follows:

Birth Abroad to Two U.S. Citizen Parents in Wedlock:

A child born abroad to two U.S. citizen parents acquires U.S. citizenship at birth, provided that one of the citizen parents has resided in the U.S. or a U.S. possession prior to the child's birth as indicated in Section 301(c) of the Immigration and Nationality Act (INA.)

Birth Abroad to One Citizen and Alien Parent in Wedlock:

A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301 (g) of the INA, provided the U.S. citizen parent was physically present in the U.S. prior to the birth of the child for the time period required by the law applicable at the time of the child's birth. For birth on or after November 14, 1986, a period of five years physical presence, two of which come after the age of fourteen, is required. For birth between December 24, 1952 and November 13, 1986, the parent must have resided in the U.S. for a period of ten years, five of which must have been after the age of fourteen. Acceptable written documentation of physical presence includes school transcripts, academic records, evidence of employment, tax records…At least one natural parent of the child must have been a U.S. citizen when the child was born.  The only exception is for a child born after the death of the parent.

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father:

A child born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) and 309 (a) of the INA provided:

• a blood relationship between the child and the father is established by clear and convincing evidence;
• the father must have had the nationality of the United States at the time of the child's birth;
• the father had been physically present in the United States for a period of five years, two of which were after the age of fourteen;
• while the person is under age of 18 years -

a- applicant is legitimated under the law of their residence or domicile,

b- the father (unless deceased) must submit a notarized Affidavit of Paternity and Financial Support

c- the paternity of the applicant is established by adjudication court.

Birth Abroad Out-of-Wedlock to a U.S. Citizen Mother:

A child born abroad out-of-wedlock to a U.S. citizen mother may acquire U.S. citizenship under Section 301(g) and 309 (c) of the INA if the mother was a U.S. citizen at the time of the child's birth, and if the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of one year.

For children not covered in the above categories, please contact the American Citizen Services Unit.

U.S. Consulate General

American Citizen Services Unit
4 Le Duan Blvd, District 1, Ho Chi Minh City

Tel: (84-8) 8229433    

Fax: (84-8) 8245571

Email: acshcmc@state.gov

Website: http://hochiminh.usconsulate.gov 

 

INSTRUCTIONS FOR CONSULAR REPORT OF BIRTH ABROAD OF A CITIZEN OF THE UNITED STATES OF AMERICA

Applications for Reports of Birth Abroad are accepted by appointment only. Please call the American Citizen Services Unit of the U.S. Consualte General at 84-8-822-9433, extention: 2159 to request an appointment at least four weeks in advance.

General Information

The Consular Report of Birth Abroad of a Citizen of the United States of America (CRBA) documents the birth of a United States citizen in a foreign country. It is accepted by all U.S. Government agencies as proof of a child's American citizenship. Although not technically a birth certificate (which can only be issued by the local jurisdiction), the CRBA can be used in the U.S. in the same way as a birth certificate issued by a city or county registrar's office. We recommend that you apply for a child's U.S. passport at the same time you apply for the CRBA.

Documentary Requirements

1. Original Vietnamese birth certificate for the child issued by the Justice Department and a certified English translation.

2. Proof of Citizenship of U.S. citizen parent(s), (e.g.U.S. passport, U.S. birth certificate or Consular Report of Birth Abroad, Certificate of Naturalization…)

3. Passport or Identity card of non-U.S. citizen parent and certified English translation

4. Parents' marriage certificate (if married) and certified English translation

5. Proof of termination of any previous marriages of either parent (e.g.: Divorce decree, Death certificate…) (original or true copy notarized by U.S. notary public) and certified English translation

6. Supporting evidence of the relationship between the mother and the father, (e.g. wedding photos, letters…)

7. Supporting evidence of the child's birth, (e.g. hospital/pre-natal records, receipts, sonograms, photos of the mother while pregnant…)

Other requirements for a child born to U.S. citizen father and alien mother:  

a. Evidence of both parents' physical presence in the state/country at the time of the child's conception (e.g. passport showing visa stamps, airline tickets, airlines printouts, etc.)

 
b. Documentary proof of the father's five years physical presence in the U.S., two of which come after the age of fourteen (Acceptable documentary proof would be: academic records, school transcripts, tax records: form 1722, form 1040 with W2 attached, Social Security Statement…) 

c. If the alien mother was still legally married to another person other than the child's U.S. citizen father, or if the divorce from her previous marriage was not finalized at the time of conception and/or birth of the child, evidence of the mother's separation from her ex-husband should be presented.

 
Notes: Please provide original and one copy of each document (originals will be returned). Documents not in English must be translated at the Vietnamese Notary Public as required (refer to page 9 for a list of VietNamese Notary Publics in Ho Chi Minh City.) 

Procedures:

1. Call 84-8-8229433- Ext: 2159 for an appointment date

2. Complete the following forms (all attached):

• Form DS-11 (Application for U.S. Passport)
  
• Form DS-2029 (Application for Consular Report of Birth Abroad of Citizen of the United States of America)
  
• Form DS-2029 (Application for Social Security Number Card)
  
• Affidavit of Parentage and Physical Presence
  
• Affidavit of Paternity and Financial Support (required only if the child was born out of wedlock to American father)
  
• Both parents must appear together to sign the passport application for children under the age of 14. If only one parent is present, he/she must provide a notarized written Statement Of Consent: Issuance Of A Passport To A Minor Under Age 14 (Form DS-3035) from the other parent.

 
3. If parents are also applying for a passport for the child at the same time, please submit two 2x2-inch (5x5-cm) photographs of the child taken according to the instructions attached.
 
4. Prepare and arrange documentations in order.

5. The child and at least one parent must be physically present on the appointment date to submit all required documentation and to have an interview. Please bring US$147 to pay for the fee.  (US$30 for non-refundable passport execution fee, US$12 for non-refundable passport surcharge fee, US$ 40 for passport fee, and US$65 for Report of Birth Abroad fee). Only U.S. dollars are accepted. 

Notes: 

1. At least one parent must be physically present with the child on the appointment date.

 
2. If the American father/mother cannot be present on the appointment date, he/she must fill out the required forms and has them notarized at the American Citizen Services Unit in the U.S. Consulate General in Ho Chi Minh City or at a Notary Public in the U. S. before the appointment date.

3. Average processing time for the CRBA and passport is three weeks after the application has been approved.

4. The application for a Report of Birth (Form DS-2029) includes an Application For A Social     Security Number (SSN). The SSN will be mailed to your mailing address approximately six months after registration.
 
5. Depending on individual circumstances, additional evidence and documents may be required. This often includes documentary proof of physical presence in the U.S. and evidence of parentage relationship. To avoid possible delays in processing the CRBA, bring such evidence to the initial interview. 

6. If an application lacks sufficient documentation, it will be deemed "pending" for 90 days; during that time, either parent may submit additional documentation as required. If the application remains pending for more than 90 days, the application will be considered abandoned.

7. If you plan to take your child to the U.S., please be sure to obtain a Vietnamese exit visa or a Vietnamese passport for your child at the Immigration Office. Following is a list of Immigration Office in Ho Chi Minh City: 

- Immigration Office of Police of Ho Chi Minh City: 161 Nguyen Du, D.1, HCMC (Tel: 8299398)

- Immigration Dept. of Ministry of Public Security: 254 Nguyen Trai, D. 1, HCMC (Tel: 9200365)

8. Should you have additional questions on completing a CRBA and U.S. passport application, please contact the American Citizen Services Unit at 84-8-822-9433, extension 2159.

U.S. PASSPORT PHOTOGRAPH REQUIREMENTS

U.S. Passport Photograph

• Dimensions: Photo size is 5.1 centimeters by 5.1 centimeters (2x2 inches)
• Image size from bottom of chin to top of head should be between 2.5 & 3.5 centimeters  (1 inch & 1 3/8 inches)
• No Polaroids or snapshots
• Photos may be color or black and white
• Photos must be identical
• Photos must have white background
• Photos must be full face, front view
• Photographs should be taken in normal street attire, without a hat or headgear that obscures the hair or hairline. Uniforms should not be worn in photographs with the exception of religious attire which is worn daily. If prescription glasses, a hearing device, wig or similar articles are normally and consistently worn, they should be worn when the picture is taken. Dark glasses or nonprescription glasses with tinted lenses are not acceptable unless required for medical reasons. A medical certificate may be required to support the wearing of such glasses in photographs.

Photo Shops in central Ho Chi Minh City:

You are not required to obtain your photos from any of these shops. Because of the variety of different standard photograph sizes and specifications, we suggest that you give the photo shop this requirements sheet. The Consulate cannot be responsible for unacceptable photographs.

Quang             70D Nguyen Hue, Dist.1, HCMC- Tel: 8224774
Dong Da           66 Nguyen Hue, Dist.1, HCMC- Tel: 8292595
The Quan         4D Le Loi, Dist.1, HCMC- Tel: 8222035
Minh Quyen      6A Pham Ngoc Thach, Dist. 3, HCM- Tel: 8244654
The Nam          2D Le Loi, Dist.1, HCMC-Tel: 8293660
Lan Anh           286 Hoang Van Thu, Tan Binh Dist., HCMC -Tel: 8442229
Manh Dan         448 Dien Bien Phu, Dist. 10, HCMC -Tel: 8332794 
 
 

Name of child (last, given, middle name):_________________________________________

DOB (mm/dd/yyyy):_________________________________________________________

IV case # of parent: __________________________________________________________

PLEASE ARRANGE THE DOCUMENTS REQUIRED IN THE FOLLOWING ORDER:

1. Application for U.S. Passport (Form DS-11).
2. Notarized statement of consent (Form DS- 3053) from the second parent who is not physical present at the time of application.
3. Application for Consular Report of Birth Abroad (CRBA) (Form DS-2029).
4. Notarized Affidavit of Parentage and Financial Support from American father (if the child was born out of wedlock to American father.)
5. Evidence of identity and citizenship or nationality of American parent(s) (Valid U.S. passport, U.S. Naturalization Certificate…)(original and copy. If original cannot be submitted, a notarized copy is acceptable)
6. Evidence of identity and citizenship or nationality of non-American parent(s) (Valid passport, Identification card…)(original and copy) with English translation
7. Marriage certificate of parents (if applicable) with English translation (original and copy)
8. Proof of termination of any previous marriages of either parent (e.g.: Divorce decree, Death certificate…)(if applicable) with English translation (Original and copy. If original cannot be submitted, a notarized copy is acceptable.)
9. Official child’s Birth Certificate obtained at the Vietnamese Justice Department with English translation (original and copy)
10. Notarized Affidavit of Parentage and Physical Presence (completed by American parent)
11. Evidence of change name of parent(s), if applicable (Original and copy. If original cannot be submitted, a notarized copy is acceptable.)
12. Application of Social Security Card (Form DS- 2029 combined to Application for Consular Report of Birth Abroad)
13. Official child’s Birth Certificate and English translation (copy)
14. Evidence of identity of the parent who signed on the Social Security Card Application (e.g.: Valid passport, Identification card…) and English translation (copy)
15. Evidence of 5-years physical presence of American parent before the child's birth, two of which come after the age of fourteen (E.g.: Social Security Statement (visit website: www.socialsecurity.gov), Tax form: Letter 1722, Form 1040 with W-2 attached, School Transcript…) (original and copy)
16. Evidence of physical presence of parents during the child’s conception. (e.g.: visa, airlines ticket, airlines printout…) (original and copy)
17. Supporting evidence of child’s birth (e.g.: Pre-natal records, Hospital records, Sonograms, Pregnancy photos of mother…) (original and copy)
18. Supporting evidence of the relationship between the mother and the father (e.g.: Wedding photos, Photos taken together, Letters…)                 
    

Notes:

- Copies must be made on the A4 sized paper or larger. Do not cut the copies down to the size of the original. Copies do not need to be notarized if not required.

- Documents in a foreign language must be translated into English at a Vietnamese Notary Public in Ho Chi Minh City. Following is a list of Vietnamese Notary Publics in Ho Chi Minh City:

1. Notary Public No 1:  97 Pasteur, Ben Nghe Ward, Dist. 1 (Tel: 823-0177)
2. Notary Public No 2:  94-96 Ngo Quyen, Ward 7, Dist. 5 (Tel: 854-8975)
3. Notary Public No 3: 12 Thong Nhat, Binh Tho W., Thu Duc Dist. 1(Tel: 722-322)
4. Notary Public No 4: 25/5 Hoang Viet, W. 4, Tan Binh Dist.  (Tel: 811-6842)

- Documents required notarization can be done at any U.S. Notary Public in the U.S. or at the ACS Unit in the U.S. Consulate General in Ho Chi Minh City during all hours open to the public: from 8:30-11:30 am from Monday to Thursday except on American and Vietnamese Holidays.