REGISTERING THE BIRTH ABROAD OF A UNITED STATES CITIZEN
Below you will find information on how to register a child born in Costa Rica as a U.S. citizen. If after thoroughly reading this document you have any questions, please email:
ACSSanJose@state.gov .
Once you have completed all of the required forms and gathered the necessary supporting documents, bring them to the U.S. Embassy’s Consular Section in San Jose. The package will be reviewed at intake to ensure that all required documents have been submitted. After the forms have been accepted and the fees have been paid, a Consular Officer will review your case in greater detail to determine whether additional documents are necessary. Thereafter, you will be contacted via email or telephone with a list of what, if anything, is needed, and an interview date will be scheduled.
*Both parents and the child MUST be present for the interview.
HOURS TO FILE APPLICATIONS:
Monday: 8:00 - 11:30 a.m. and 1:00 - 3:00 p.m.
Tuesday-Friday: 8:00 - 11:30 a.m.
FEES: Passport Application $105.00
Report of Birth Abroad $100.00
Total: $205.00
(* Payment is due at the time the application is submitted, and is payable by credit or cash, dollars or
colones)
PHOTO: A 2” x 2” photo is required for the passport application. Photos can be taken in the Consular Pavilion at the Embassy for a fee of 1,000 colones between the hours of 7:00 a.m. and 1:30 p.m. Mondays, Tuesdays, and Wednesdays, and 7:00 a.m. to 12:00 p.m. on Thursdays and Fridays.
PROCESSING TIME: Please allow approximately one month for processing; more time may be needed if the case is complex. Cases are normally reviewed within one week of submission. Interviews are usually scheduled within two weeks of the document review, unless significant additional evidence or supporting documents are required. The passport and Consular Reports of Birth Abroad (“CRBA”) will be printed and ready for pick-up in approximately 10 working days after the case has been approved.
NOTE: Locally-printed (i.e. “emergency”) passports are issued on a very limited basis, and the nature of the emergency travel must be clearly demonstrated at the time of the request. At the interview a Consular Officer will make the determination as to whether to issue a locally-printed passport.
THE APPLICATION PROCESS AND REQUIRED DOCUMENTS
To process a child's claim to U.S. citizenship, the American citizen parent must (1) establish that s/he is the biological parent, (2) present proof of sufficient physical presence in the United States, and (3) show evidence to confirm the child's identity. The documents listed below are necessary to satisfy each of these three requirements. In certain cases, the Consular Officer may require supplemental documentation.
In addition, if the child was born out of wedlock and the biological father is a U.S. citizen, the child must be legitimized by the father before the child’s 18th birthday. Official and legal recognition is required, including an affidavit of paternity and a written agreement to provide financial support until the child reaches the age of 18 (see Affidavit of Parentage below).
REQUIRED FORMS
Each of the following forms must be completed and submitted with the citizenship package. Do NOT sign the forms until you are instructed to do so before a Consular Officer. The forms can be found on the Department of State’s website at the addresses provided below. Links are also available on the U.S. Embassy San Jose website,
http://usembassy.or.cr/conscitizen.html
1. Application for a U.S. Passport (DS-11): http://www.state.gov/documents/organization/79955.pdf
2. Application for Consular Report of Birth Abroad of a Citizen of the United States of America (DS-2029):
http://www.state.gov/documents/organization/83127.pdf
3. Affidavit of Parentage, Physical Presence, and Support (DS-5507): http://www.state.gov/documents/organization/126018.pdf
NOTE: When completing page two of the DS-5507 form please make sure that you account for all periods of time that you have been in the United States and abroad. Periods of time include residence, vacations, periods of study, employment, business trips, military services, etc. Periods of presence abroad include “day trips” to places like Canada and Mexico. Additional paper may be attached to the form.
REQUIRED SUPPORTING DOCUMENTS
1. The child’s original Costa Rican birth certificate in “literal format,” issued on stamped paper (papel con timbres) from the Civil Registry (Registro Civil).
2. A written statement from the physician who attended the birth, stating the name of the mother and pertinent facts of the birth. In the case of a child born in one of Costa Rica’s public hospitals, a statement from the hospital director that one of its physicians attended the birth is sufficient. (The “Declaración de Nacimiento” on yellow carbon paper showing the registration of the birth at the hospital is not sufficient.)
3. A certified copy of the marriage certificate of the parents, if applicable. If the marriage took place in Costa Rica, this document must be obtained from the Civil Registry (Registro Civil).
4. If either parent has been married previously, certified copies of the documents showing termination (through death or divorce) of all previous marriages.
5. Evidence of parent’s (or parents’) U.S. citizenship (a U.S. passport and/or a naturalization certificate). Note: The American citizen parent must have obtained citizenship prior to the child’s birth in order to transmit citizenship through this process.
6. Proof of identification of the non-U.S. citizen parent (national ID card or passport).
7. Evidence of the U.S. citizen parent’s physical presence in the United States for the required period, as determined by law (specific time requirements are listed below). Note: Physical presence accrued after the child’s birth cannot be used to meet this requirement.
Examples of documents that can be used to show physical presence include, but are not limited to, the following: school records; childhood immunization records; college transcripts; U.S. military service records; paystubs and tax records (must be able to show that the work was performed in the U.S.); employment certification letters; or old passports.
8. Evidence of a biological relationship between the U.S. citizen parent and the child. If the child was born in-wedlock or born to a U.S. citizen mother, the biological relationship generally can be demonstrated through medical records pertaining to the pregnancy, such as pre-natal care records, ultrasounds, and pregnancy photos.
If the child was born out-of-wedlock to a U.S. citizen father, satisfactory evidence of an exclusive relationship with the mother must be presented (e.g., relationship photos, evidence of cohabitation, shared travel history, joint accounts, etc.). If this evidence is insufficient, DNA testing may be requested.
9. Two passport photos, 2"x 2" on a white background. Instant and digital photos are not acceptable. Photos can be taken at the U.S. Embassy in the Consular Pavilion. (For details see information in Photo section above.)
LEGAL REQUIREMENTS FOR PHYSICAL PRESENCE IN THE U.S.
Birth Abroad to U.S. Citizen Parent and Non-Citizen Parent
For a child born after November 14, 1986, the U.S. citizen parent must prove s/he was physically present in the U.S. for a total of at least five (5) years before the birth of the child. Two of those years must be after the U.S. citizen parent’s 14th birthday.
For a child born on or before November 14, 1986, the citizen parent must prove he/she was physically present in the U.S. for at least ten (10) years before the birth of the child. Five of those years must be after the U.S. citizen parent’s 14th birthday.
Birth Abroad Out-of-Wedlock to U.S. Citizen Mother
A U.S. citizen mother, who was not married at the time of the child's birth, must prove that she was physically present in the U.S. for at least one (1) continuous year any time prior to the child's birth. This applies even if the mother subsequently married, and regardless of whether the father is listed on the birth certificate.
Birth Abroad to Two U.S. Citizen Parents
If both parents are U.S. citizens on the day the child was born, each parent must have resided in the U.S. at some point prior to the child’s birth. No specific length of time is specified under U.S. law.
WARNING: False statements made knowingly and willfully in passport applications, affidavits or other supporting documents are punishable by fine and/or imprisonment under the provisions of 18 USC 1001 and/or 18 USC 1542.
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