Born in Australia to U.S. Parents - Need CRBA or Citizenship Cert for U.S. Passport

[edstack]

I am trying to see who can help me with my situation. I was born in Australia in 1960. My parents are both U.S. citizens. We moved back to the U.S. in 1964. I have not left the U.S. since then. In 2020 I tried to get a U.S. passport for the first time, but was denied because I do not have a U.S. Consular Report of Birth Abroad or a Citizenship Certificate. I have my original Australian birth certificate, and certified copies of my parents' birth certificates (from NY & NJ). My parents (now deceased) had said that they registered me with the consulate after my birth, but now I am not so sure.

What do I need to do, or who do I ask to get a CRBA or a Citizenship Certificate? Any help would be greatly appreciated. Please let me know if you need any further information. Thank you.

[newacct]

Neither. You do not need a CRBA or Certificate of Citizenship before getting a US passport. Assuming that your parents met the requirements to transmit US citizenship to you at birth, you just need to present evidence that they met the requirements as evidence of US citizenship when applying for a US passport (this is the same evidence that would have been needed to apply for a CRBA or Certificate of Citizenship).

See the page on citizenship evidence for a US passport -> Examples of Secondary Citizenship Evidence -> I was born outside the United States -> I became a U.S. citizen at birth:

If you were born outside the United States and acquired U.S. citizenship through your U.S. citizen parent(s), please submit the following with your passport application:

• Your foreign birth certificate listing your parent(s)
• Your parent(s)’ evidence of U.S. citizenship
• Your parents' marriage certificate, if applicable
• A statement from your U.S. citizen parent(s) detailing all periods and places of their residence or physical presence in the United States and abroad before your birth.

Similarly, on the DS-11 passport application form, instruction page 2, Applicants Born Outside the United States, it says:

Claiming Citizenship through Birth Abroad to At Least One U.S. Citizen Parent, submit all the following:
o Your Consular Report of Birth Abroad (Form FS-240), Certification of Birth (Form DS-1350 or FS-545), or your foreign birth certificate (and official translation if the document is not in English)
o Your parent’s proof of U.S. citizenship
o Your parents' marriage certificate
o Affidavit showing all your U.S. citizen parents' periods and places of residence and physical presence before your birth (DS-5507)

If you believe that a CRBA or US passport may have been issued to you in the past, you can instead request a file search.

[edstack]

newacct Thank you so much! I have certified copies of both my parents' birth certificates (NY & NJ) and their marriage certificate (AZ). I have their death certificates too (CA). Do you know if the DS-5507 can be waived since they are both deceased?

[newacct]

If both of your parents were US citizens at the time of your birth, then all you need to prove is that either of them had a "residence" (no particular length of time needed) in the US at some point before your birth. Things like school records should be able to prove it.

[Mike E]

I am trying to see who can help me with my situation. I was born in Australia in 1960. My parents are both U.S. citizens. We moved back to the U.S. in 1964. I have not left the U.S. since then. In 2020 I tried to get a U.S. passport for the first time, but was denied because I do not have a U.S. Consular Report of Birth Abroad or a Citizenship Certificate. I have my original Australian birth certificate, and certified copies of my parents' birth certificates (from NY & NJ). My parents (now deceased) had said that they registered me with the consulate after my birth, but now I am not so sure.

What do I need to do, or who do I ask to get a CRBA or a Citizenship Certificate? Any help would be greatly appreciated. Please let me know if you need any further information. Thank you.

Do you have their marriage certificate?

[edstack]

newacct Thank you! I'll have to see what I can dig up, I don't have much unfortunately.

Mike E Hello, yes I have a certified copy of their marriage certificate, from Arizona dated 1956, 4 years before my birth.

[RealReal]

Hello Everyone,

I am a naturalized US Citizen and want to start the process for citizenship of my unmarried son who is 28 yrs living in a foreign country. Can anyone share any information on this subject?

Thanks in advance.

[Mike E]

newacct Thank you! I'll have to see what I can dig up, I don't have much unfortunately.

Mike E Hello, yes I have a certified copy of their marriage certificate, from Arizona dated 1956, 4 years before my birth.

You should not have been denied a passport.

Hire a competent lawyer.

[newacct]

but was denied because I do not have a U.S. Consular Report of Birth Abroad or a Citizenship Certificate.

When you say you were denied, do you mean that the accepting agent (e.g. the post office) refused to accept your application? Or that your application was sent to the Department of State and the Department of State denied it?

[edstack]

newacct Mike E When I applied previously, all I had was my Australian birth certificate. They accepted my application at my appointment, but I got a letter in the mail from the State Department requesting more information. It said I could pay an extra fee for them to do research, which I did. A year later, I received my birth certificate back and it said my application was denied.

My son was able to get certified copies of my parents’ documents recently. Will their Arizona marriage certificate along with their NY/NJ birth certificates be enough to prove US residency or will I need something more? Thanks again for all the help!

[Mike E]

newacct Mike E When I applied previously, all I had was my Australian birth certificate. They accepted my application at my appointment, but I got a letter in the mail from the State Department requesting more information. It said I could pay an extra fee for them to do research, which I did. A year later, I received my birth certificate back and it said my application was denied.

My son was able to get certified copies of my parents’ documents recently. Will their Arizona marriage certificate along with their NY/NJ birth certificates be enough to prove US residency or will I need something more? Thanks again for all the help!

It should be enough. It seems the passport agency wants proof they resided in the U.S. for at least a day, as if being born in the U.S. is not that proof. I think you will need to hire a lawyer

[Mike E]

Btw since you have been in U.S. since before
the 1970s, you can file I-485 to get a GC through registry.