Success Stories: CRBA and U.S. Passport Issued to Teenage Child Born Out of Wedlock at the U.S. Consulate in Manila
Photo by Hoi An and Da Nang Photographer on Unsplash. A Consular Report of Birth Abroad (CRBA) is the official document certifying that a child born outside the United States acquired U.S. citizenship at birth. We recently received an approval for a CRBA and a first-time U.S. passport for a teenage child born in the Philippines to a U.S. citizen father and a Philippine national mother. At the time of the child's birth, the parents were not married to each other.
We recently received an approval for a Consular Report of Birth Abroad (CRBA) and the issuance of a U.S. passport for the teenage daughter of a U.S. citizen and a Philippine national who was born-out-of-wedlock over ten years ago, at the U.S. Consulate in Manila. Congratulations to our clients!
Securing recognition of U.S. citizenship for a child—especially one who is already in their teens—is a detail-oriented process that requires clear evidence of both a biological relationship and the U.S. citizen parent’s physical presence in the United States.
The Challenge: Transmission of Citizenship Out of Wedlock
When a child is born out of wedlock to a U.S. citizen father and a non-U.S. citizen mother, specific legal requirements under the Immigration and Nationality Act (INA) must be met to "transmit" citizenship. Unlike children born to married parents, the U.S. citizen father must:
Establish a Blood Relationship: Provide clear and convincing evidence of the biological relationship.
Agree to Financial Support: Sign a written agreement (DS-5507) to provide financial support for the child until they reach the age of 18.
Establish Physical Presence: Prove that he was physically present in the U.S. for at least five years (two of which were after the age of 14) prior to the child's birth.
Our Approach: The "Growing Up" Timeline
In this case, because the child was already a teenager, the U.S. Consulate in Manila required extensive documentation to bridge the gap between birth and the present day. We assisted the family in gathering a "growing up" portfolio, which included:
Relationship Evidence: Photos of the parents together prior to conception and correspondence demonstrating their relationship and a DNA test upon request.
Sequential Evidence: A chronological collection of photos of the child from infancy through the teenage years, often featuring the U.S. citizen father to demonstrate an ongoing parental bond.
Physical Presence Records: We meticulously organized the father's relevant documents, employment records, and tax filings to satisfy the five-year physical presence requirement.
The Result: U.S. Citizenship Confirmed
After a successful interview at the U.S. Embassy in Manila, and receipt of the DNA evidence, the consular officer approved the eCRBA application. The child received their Consular Report of Birth Abroad and their first U.S. passport shortly thereafter. This approval ensures the child can now travel to the United States as a citizen and enjoy the full benefits and protections of U.S. nationality.
If you have a child born abroad and need to establish their claim to U.S. citizenship, it is vital to apply before the child turns 18. Learn more about the eCRBA process and timing considerations for applications in the Philippines. Please contact us to set up a consultation to see how we can help. Follow us on Instagram, Twitter, Facebook, LinkedIn, Tumblr y TikTok. Please note that past results do not guarantee future outcomes.
Torregoza Legal PLLC is the law firm for immigrants, by immigrants. We are founded on the motto of LegalEase: we do away with the legal jargon and make law easy to understand, so you can focus on what’s important to you – going for your American Dream.
Contact us at (888) 445-7066 or info@legalease.us. Find us on social media @LegalEaseUS and on the web http://legalease.us/
This website and blog constitute attorney advertising. Do not consider anything on this website or blog legal advice as the law is dynamic, particularly in the immigration field and nothing in this website constitutes an attorney-client relationship being formed. Set up a one-hour consultation with us before acting on anything you read here. Past results are no guarantee of future results and prior results do not imply or predict future results. Each case is different and must be judged on its own merits.