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Posts Tagged ‘consular report of birth abroad’
10th MAR 2010
CRBA: Consular Reports of Birth Abroad and Consequences of Denial
Posted by : admin
Consular Reports of Birth Abroad (CRBA) are similar to birth certificates in that they note that a child was born, but they differ in their reason for issuance. A Consular Report of Birth Abroad also notes that a child was born an American Citizen. There are two ways that a child can be born an American Citizen. One way is by birth in the United States. Although, the American Immigration and Nationality Act defines “United States” (for purposes of US Immigration) as all of the 50 states, the District of Columbia, Guam, the US Virgin Islands, and Puerto Rico birth in the non-US states or the District of Columbia may or may not cause the transmission of automatic Citizenship depending upon the situation. That being said, birth in the 50 US states definitely confers automatic Citizenship. However, there is another method of transmission of United States Citizenship and that is by blood. A United States Citizen may transmit their citizenship to their child outside of the US if at least one of the child’s parent’s meets the legal requirements for Citizenship transmission. This can become complicated as automatic citizenship transmission can be dependent upon many factors.
In order to obtain a Consular Report of Birth Abroad an applicant usually makes an appointment with the American Citizen Services Section of the appropriate US Embassy or US Consulate. In Thailand, the CRBA interview would likely take place at either the US Embassy in Bangkok or the US Consulate General in Chiang Mai.
What concerns us in this post is the prospect of a Consular Report of Birth Abroad Denial. If, by law, an American Citizen cannot transmit their Citizenship to their child automatically because the US Citizen parent did not spend enough time physically present in the US at the time of the child’s birth, then a Consular Report of Birth Abroad may not be issued and the child may not be entitled to a US passport. It should be noted that in some cases a parent cannot prove up their actual presence in the United States, but later procures proof. In this case, it may be possible to re-apply for the CRBA and, assuming the new evidence is acceptable to the Consular Officer, thereby legally prove transmission of Citizenship. However, there are some cases where the transmission of Citizenship either cannot be proven or did not, in fact, occur. In situations such as these, Americans are basically left with one option: they may petition for an Immigrant visa for their child. An American Citizen may petition for Immigrant visa benefits for their child and upon approval of a visa application and petition, the child may enter the United States with their US Citizen parent. Under the provisions of the Child Citizenship Act of 2000 if the child enters with their US Citizen parent in order to take up residence, then the “foreign” child becomes a US Citizen by operation of law upon lawful admission.
In this situation, the child may then obtain a Certificate of Citizenship (similar to a Naturalization Certificate) in order to prove their status.
For related information please see: US Visa Denial or CR1 Visa.
5th MAR 2010
Deputy Assistant US Secretary of State Discusses Increased Passport Fees
Posted by : admin
Recently we reported on this blog that the fees associated with passport issuance are likely to be increased in the near future. In a recent press release Brenda S. Sprague, Deputy Assistant Secretary for Passport Services, discussed the proposed fee increase and the policy reasons underlying the American State Department’s proposal for an increase in fees associated with American passports:
“Over the last five years, the demand for passports has increased to an average of 15 million applications per year. On February 9th, the State Department published a proposed rule in the Federal Register to increase certain fees related to U.S. passport and passport card applications. The proposed fee change is based on a comprehensive cost-ofservices study, completed in June, 2009, that was the most detailed and exhaustive study the U.S. State Department has ever conducted of its for-fee services, and updates the schedule of fees from four years ago.”
Many who are reading about this fee increase for the first time are probably wondering what the cost of passports would be under the recent proposed rule:
“Under the proposed fee schedule, the total cost for a first-time applicant aged 16 and older, who is applying for a passport book will be have $135. For those younger than 16, the price will be $105. The cost of a passport card for a first-time applicant 16 or older is $55. And for those younger than age 16, the price is $40. Passport books and cards for people who are 16 or older are valid for 10 years, books and cards issued to individuals younger than 16 are available for five years.”
When discussing this issue with American expatriates in Thailand, the initial reaction regarding this fee increase is: what are they increasing the fess and what will the new funding be used for? Hopefully the following excerpt will shed light on this issue:
“Passport fees are critically important to our keeping up with the latest developments in technology. Research and development, production, and implementation of new technologies for use in our U.S. passport books and cards must be an ongoing priority if we are to keep one step ahead of the resourceful and technologically savvy criminals, terrorists groups, and subversive elements bent on doing our nation harm. The fees cover the costs of fraud prevention initiatives such as facial recognition to help us to detect look-alike fraud and data-sharing programs that permit us to verify the validity of social security numbers, driver’s licenses, birth records, and naturalization certificates. Passport fees also help to cover the costs of providing emergency services for American citizens overseas in crises situations, something that our U.S. citizens stranded in Haiti undoubtedly appreciated.”
This issue is of critical importance to those who have American Citizen children outside of the USA. In Thailand, the usual protocol at the US Embassy in Bangkok or the US Consulate in Chiang Mai is for an American Citizen to first apply for a Consular Report of Birth Abroad. After this document is obtained from the American Citizen Services Section of the US Consulate in Bangkok, then a passport can be issued. However, the recently proposed rule would also increase the fees associated with Consular Reports of Birth Abroad as well. That being said, the rule has yet to be adopted as there is still an official comment period so these issues have yet to be fully resolved, but it is highly likely that the rule will be implemented and the fees will be raised apparently in an to reflect what the State Department claims are the increased costs of promulgating these travel documents.
For information about American Immigration from Thailand please see: US Visa Thailand.
15th FEB 2010
Proposed Fee Increases for Consular Services
Posted by : admin
A recently proposed rule would increase the fees charged by the US Department of State for services performed at Embassies and Consulates abroad. To quote the AILA website:
“This rule proposes adjustments in current fees for consular services. The Department of State is adjusting the fees in light of an independent cost of service study’s (“CoSS”) findings that the U.S. Government is not fully covering its costs for providing these services under the current fee structure. The primary objective of the adjustments to the Schedule of Fees is to ensure that fees for consular services reflect costs to the United States of providing the services.”
Although not exhaustive, the following quotes list the proposed fee increases for services that will likely have the biggest impact upon US Citizens resident abroad:
“Passport Book Application Services
The Department is increasing the application fee for a passport book for an adult (age 17 and older) from $55 to $70. The application fee for a passport book for a minor (age 16 and younger) will remain at $40. The CoSS estimated that the cost of processing first-time passport applications for both adults and minors is $105.80 based on a projected FY10 workload of 11.9 million. This cost includes border security costs covered by the passport book security surcharge, discussed immediately below. Because a minor passport book has a validity of just five years, in contrast with the ten-year validity period of an adult passport book, the Department has decided to leave the minor passport book application fee at $40, and allocate the remainder of the cost of processing minor passport book applications to the adult passport application fee.”
The proposed rule goes further as there will be further fee increases for new passport seekers:
“Passport Book Security Surcharge
The Department is increasing the passport book security surcharge from $20 to $40 in order to cover the costs of increased border security which includes, but is not limited to, enhanced biometric features in the document itself. The passport book security surcharge is the same for adult passport books and for minor passport books.”
The addition of visa pages to an American’s passport has always been a courtesy provided free of charge. However, the proposed rule would change this:
“Additional Passport Visa Pages
In the past, the Department provided extra pages in a customer’s passport, to which foreign countries’ visas may then be affixed, at no charge. The CoSS found that the cost of the pages themselves, of having the pages placed in the book in a secure manner by trained personnel, and of completing the required security checks results in a cost to the U.S. Government of $82.48 based on a projected FY10 workload of 218,000. Therefore, the Department will charge $82 for this service.”
For those American Citizens who have a child overseas a Consular Report of Birth Abroad (CRBA) is necessary in order to ultimately obtain a US passport for the child. That being said, the fee for a CRBA would be increased under the newly proposed rule:
“Application for Consular Report of Birth Abroad of a Citizen of the United States
The CoSS found that the cost of accepting and processing an application for a Consular Report of Birth Abroad of a Citizen of the United States is $197.28 based on an FY10 workload projection of 80,000 applications. The Department has decided to raise the fee from $65 to $100, still significantly less than cost, based on its view that too high a fee might deter U.S. citizen parents from properly documenting the citizenship of their children at birth, a development the Department feels would be detrimental to national interests.”
The Immigrant visa fees associated with the processing of Immigrant family based visa applications (such as IR-1 visas and CR-1 visas) are to be decreased pursuant to the proposed rule:
“Immigrant Visa Application Processing Fee
The Department is changing the fee for processing an immigrant visa from $355 for all immigrant visas, to a four-tiered fee based on CoSS estimates for each discrete category of immigrant visa, as applications for certain applications cost more to process than others. Accordingly, the application fee for a family-based (immediate relative and preference) visa (processed on the basis of an I-130, I-600 or I-800 petition) will be $330.”
This being said, employment based application fees are to rise dramatically. Immigrant visa fees should not be confused with non-immigrant dual intent visa fees (such as those payable for the obtainment of a K1 visa or a K3 Visa) which are expected to rise in the future. Finally, an often overlooked service of the American Citizen Services section of a US Embassy or a US Consulate involves document notarization and legalization:
“Providing Documentary Services
The CoSS found the cost to the U.S. Government of providing documentary services overseas is $76.36 per service based on a projected FY 2010 workload of 380,000 services. These are primarily notarial services, certification of true copies, provision of documents, and authentications. However, the Department is raising these fees only from $30 to $50, lower than cost, in order to minimize the impact on the public.”
The above changes in the fee structure for Consular services will hopefully result in increased funds which will provide Americans with better services when they need important documentation.
8th FEB 2010
US Embassy New Delhi, India: 2010 Holiday Closing Schedule
Posted by : admin
In previous postings on this blog the holiday closing schedule for US Embassies and Consulates have been posted in order to promulgate information about the dates that posts will be open for the regular transaction of business. This is done in an effort to forestall futile trips to the Embassy by those who are unaware of the times it will be closed. In general, a US Embassy or US Consulate overseas will be closed in recognition of both National Holidays in the United States of America as well as those national holidays recognized by the host country. Below is a schedule of holiday closures for the United States Embassy in New Delhi, India:
| Date | Day | Holiday | Type |
| January 1 | Friday | New Year’s Day | American |
| January 5 | Tuesday | Guru Gobind Singh’s Birthday | Indian |
| January 18 | Monday | Martin Luther King’s Birthday | American |
| January 26 | Tuesday | Republic Day | Indian |
| February 12 | Friday | Mahashivratri | Indian |
| February 15 | Monday | Washington’s Birthday | American |
| March 1 | Monday | Holi | Indian |
| April 2 | Friday | Good Friday | Indian |
| May 31 | Monday | Memorial Day | American |
| July 5* | Monday | Independence Day | American |
| August 24 | Tuesday | Raksha Bandhan | Indian |
| September 2 | Thursday | Janmashtami | Indian |
| September 6 | Monday | Labor Day | American |
| October 11 | Monday | Columbus Day | American |
| November 5 | Friday | Diwali | Indian |
| November 11 | Thursday | Veterans’ Day | American |
| November 17 | Wednesday | Idu’l Zuha (Bakrid) | Indian |
| November 25 | Thursday | Thanksgiving Day | American |
| December 17 | Friday | Muharram | Indian |
| December 24** | Friday | Christmas Day | American |
* in lieu of July 4, Sunday
** in lieu of December 25, Saturday
The above information is quoted from the website of the US Embassy in New Dehli. It should be noted that an Embassy can close for reasons other than recognition of official holidays so it would be wise to check the Embassy’s website directly before traveling to the Embassy as local conditions could require the Post to be closed with little notice. For those interested in checking the official website of the US Embassy in India, please click: here.
Many people travel to a US Embassy in another country in order to obtain documentation that cannot be obtained from another location. For example, those who need a new passport, a Consular Report of Birth Abroad, or an American Notary overseas go to the American Citizen Services Section of a US Embassy abroad in order to obtain this type of documentation. Prospective immigrants travel to an Embassy in order to interview for US Visas such as the K1 visa, the K3 visa, or an Immigrant visa. No matter what one’s reasons are for traveling to the Embassy, foreknowledge of their hours of operation could avert frustration.
31st JAN 2010
Holiday Closing Schedule for US Embassy in Nepal
Posted by : admin
Consular Processing (the process of obtaining a US visa from an American Consulate abroad) can be very time consuming. Also, for those Americans overseas wishing to obtain a new passport, US Consular Report of Birth Abroad, or new visa pages a trip to the US Consulate is likely required. Some Americans and prospective US Immigrants are unaware that most overseas Consular posts close for both American and local holidays out of respect to the American citizens working at the post as well as host-country nationals. In an effort to provide convenience to the readers of this blog below please find the holiday closing schedule for the United States Embassy in Nepal. We provide this information in an effort to forestall people traveling to the post on days when it is not open.
Note: (A) = American Holidays
(N) = Nepali Holidays
| Date | Holiday | (A)/(N) | Information |
| January 1 | New Year’s Day | (A) | First day of the year in the Gregorian calendar, celebrated at home or in gatherings. |
| January 15 | Maghi Parba | (N) | Begins the holy month of Magh (and the end of the ill-omened month of Poush). It is celebrated by taking ritual baths and praying at shrines. As well as eating yam and ‘chaku’ (a sweet made from boiled and hardened molasses). |
| January 18 | Martin Luther King Jr.’s Birthday | (A) |
The Reverend Martin Luther King, Jr. was a black clergyman who is ranked among the greatest of black Americans because of his crusade to win full civil rights for his people. (more) |
| February 12 | Maha Shiva Ratri | (N) | “Great Shiva’s Night,” a festival celebrated with all day fasting and an all night vigil. Many Hindus gather at Pashupatinath Temple in Kathmandu. |
| February 15 | Presidents’ Day | (A) | This day honors Presidents George Washington and Abraham Lincoln. Washington was the first President. Lincoln was President during the Civil War (1861-65) between the southern and northern states, which ended with the Union intact and slavery abolished. |
| April 14 | Nepali New Year | (N) | First day of the year in the Nepal Sambat calendar. |
| May 27 | Buddha Jayanti | (N) | On this day people swarm in Swayambhunath, Boudhanath and Patan to pay homage to Lord Buddha and also visit Buddha’s birth place in Lumbini and chant prayers and burn butter lamps. |
| May 31 | Memorial Day | (A) | A holiday honoring those who have died, especially in war, often by decorating their graves with flowers. The federal legal holiday began in 1971. |
| July 5 | Independence Day | (A) | Independence Day is regarded as the birthday of the United States as a free and independent nation. (more) |
| August 24 | Janai Purnima | (N) | High caste Hindus chant the powerful Gayatri mantra and change their Sacred Thread while a red or yellow protection chord (a rakshya bandhan) is tied around the wrists of other Hindus and Buddhists. Many pilgrims journey to the mountains north of Kathmandu to emulate Lord Shiva by bathing in the sacred lake of Gosaikunda. |
| September 6 | Labor Day | (A) | Commemorates the contributions of working men and women. Labor union participation in annual parades remains common, while for many Americans the holiday marks the unofficial end of summer and beginning of the school year. |
| October 8 | Ghatasthapana | (N) | On the day of Ghatasthapana, all Nepalese worship Diyo (an oil-fed lamp), Kalas (auspicious jar) and lord Ganesh in accordance with Vedic rituals and sow maize and barley seeds in a jar filled with soil and cow dung for germination of the auspicious Jamara (barley shoots). |
| October 11 | Columbus Day | (A) | Commemorates Christopher Columbus’s first landing in the Americas, October 12, 1492. In 1937, President Franklin D. Roosevelt proclaimed the federal holiday. |
| October 14 | Phulpati(Dashain) | (N) | Tenth day of the 15-day national festival of Nepal, celebrated with sacrifices. |
| October 15 | Maha Asttami(Dashain) | (N) | |
| October 18 | Ekadashi (Dashain) | (N) | Eleventh day of the 15-day national festival of Nepal. |
| November 8 | Bhaitika (Tihar) | (N) | Fifth day of Tihar, when sisters give their brothers tika and brothers give gifts in return. |
| November 11 | Veterans’ Day | (A) | Derived from Armistice Day, commemorating the end of the First World War, November 11, 1918. Today it recognizes all members of the armed forces, living and dead, who served during times of peace or war. |
| November 25 | Thanksgiving Day | (A) | Commemorates the survival of early European settlers in the United States and their thanks to Native Americans for assistance in farming and hunting. Celebrated with a large family meal featuring turkey. |
| December 24 | Christmas Day | (A) | Holiday celebrated in the United States with family gatherings and giving presents. For Christians it commemorates the birth of Jesus Christ. |
| December 31 | Friday New Year’s Day (in lieu of Jan 1, 2011) | (A) |
This information was taken directly from the US Embassy website, but please be advised that the Embassy’s operating hours are always subject to change. For more information please see the US Embassy in Nepal’s website at this link.
For more information about Consular Processing in Thailand please see: US Embassy Bangkok.
17th NOV 2009
Consular Reports of Birth Abroad for Thais Born Overseas
Posted by : admin
As more and more Thais marry foreign nationals the Thai diaspora grows. Many Thai-American couples immigrate to the United States of America using either a fiance visa such as a K1 visa or a marriage visa like a K3 visa or CR1 visa. When these couples have children a few questions arise. First, what is the child’s nationality? Second, is the child entitled to dual nationality. Third, if entitled to a Thai passport how do we go about obtaining one? This is where the Thai Consular Report of Birth Abroad comes into play.
It should be noted that a child born to a Thai mother overseas is born with Thai nationality. A child born to a Thai father abroad is probably Thai although there are some restrictions in the Thai Nationality act. For our purposes we will assume the child is born with Thai nationality.
In order for a Thai national who was born abroad to obtain a Thai passport a Consular Report of Birth Abroad must be obtained by the foreign born Thai. This report of birth abroad is similar to the US Consular Report of Birth Abroad in that it provides proof that the child was born to a Citizen of the Kingdom of Thailand. Pursuant to relevant sections of Thai nationality law, the child of a Thai Citizen is Thai. Therefore, once a report of birth abroad is issued a Thai passport can be acquired.
Some are under the mistaken impression that Thais and Americans cannot have dual nationality. This is not true. There is no provision under Thai law prohibiting dual nationality. Further, United States nationality law does not prohibit dual nationality. The major issue for dual nationals concerns their two home countries. A Thai-American with dual nationality is considered exclusively an American citizen when in the United States of America (or one of its protectorates, possessions, or territories) and exclusively a Thai citizen when in the Kingdom of Thailand.
There can be a great many problems that can arise if one fails to obtain a Thai Consular Report of Birth Abroad on behalf of one’s child. This is particularly true if the child later wishes to reside in Thailand with the same benefits as other Thai citizens. Proving Thai citizenship from birth can be difficult if there has been a long period of time between the child’s birth and subsequent application for a Consular Report of Birth Abroad. There can be particularly daunting problems if the Thai national is a boy because there are military draft requirements for male Thais. If one does not fulfill their draft obligations and subsequently wishes to obtain a Thai passport the bureaucratic difficulties could be legion. Therefore, it may be wise to retain the advice of a Thai attorney or law firm if a man wishes to sort out his Thai nationality after missing his draft year.
A Consular Report of Birth Abroad can be issued at a Thai Embassy or Consulate in the country where the Thai was born. The Thai posts have a section similar to the American Citizen Services section at a US Embassy which handles Reports of Birth Abroad.
20th MAY 2009
Consular Report of Birth Abroad: US Passports for Children in Thailand
Posted by : admin
If a child is born in Thailand and one of the child’s parent’s is a US citizen, then it may be possible to obtain a US passport for the child in Thailand. Before the passport can be obtained, it will likely be necessary to file a consular report of birth abroad.
A Consular report of birth abroad is akin to a birth certificate in that by making a report of birth abroad, an American Citizen is putting the United States government on notice that they have had a child and as per the the legal doctrine of jus sanguinis, the child may be eligible for US citizenship. Jus Sanguinis (a Latin term meaning “right of blood”) is a legal and social policy under which citizenship or nationality is not determined by the place a person was born, but through the presence of an ancestor who is a citizen or national of the state concerned. This policy stands in contrast to jus soli (a Latin term meaning “right of soil”). In the United States, jus soli and jus sanguinis are both methods of acquiring US citizenship. Therefore it is not necessary for a child to be born in the United States in order for that child to be born a US citizen. If the child is born abroad to at least one US citizen parent then the parent’s US citizenship will be transferred to the child.
There are restrictions on this doctrine for the purposes of US citizenship. In situations where the US citizen parent has not spent a statutorily required amount of time in the United States, the parent’s citizenship may fail to transmit to the child. In a case such as this where the US citizen parent wishes to obtain US citizenship for his or her child, it would be necessary to file an I-130 application on behalf of the child and obtain an immigrant visa for the child. Upon entry into the United States, the child would be vested with citizenship automatically by operation of law, because the permanent resident child of a US citizen will be vested with citizenship upon entry into the US on an immigrant visa.
In Thailand consular reports of birth abroad can be obtained at the US Embassy in Thailand or the US Consulate in Chiang Mai. In some instances, the US Embassy will require a paternity test in order to prove that the child is indeed that of the United States Citizen filing the report. In some cases (particularly in a relationship with previous children present) this requirement may be waived. In the cases in which a paternity test is requested, the couple has yet to finalize a legal marriage and has instead opted to perform a customary marriage due to the fact that they are seeking to obtain a K1 visa and by getting married it would preclude that type of visa application. Although, there are many situations in which a paternity test is requested.
Thanks for reading,
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