American Citizen Services

Consular Reports of Birth Abroad and Children's Passports

General Services

The ACS unit can register the birth of children born abroad to U.S. citizens and help parents obtain a first passport and social security number for newborn children. U.S. citizens with children who were born outside the United States must register them at the nearest U.S. consular section in order to document them as U.S. citizens. During the registration process, a consular officer determines the eligibility of U.S. citizen parents to "transmit" citizenship to the child. The requirements of U.S. law for the transmission of U.S. citizenship to a child are set forth below in the section titled Requirements of the U.S. Immigration and Nationality Act for Transmission of U.S. Citizenship to Children Born Abroad.

Consular Report of Birth Abroad (CRBA)

Children born to an American parent or parents in Malaysia should be registered by the Embassy as soon after birth as possible, and always before the age of 18. The Consular Report of Birth Abroad (CRBA) (Form FS-240) is a basic citizenship document that may be used for passport, school, employment and other purposes.

To apply for a CRBA, both parents must bring the child to the Embassy. Because of the paperwork involved, CRBAs are done by appointment only. Please call 603-2168-5000 or e-mail KLConsular@state.gov (put "ACS" in the subject line) to schedule an appointment. 

The parents should submit the following documents to the ACS Unit:

1. An original of the child's Malaysian birth certificate.

2. The parents' passports.

3. The parents' marriage certificate and evidence of termination of the parents' previous marriages, if applicable.

4. Other documents related to the birth such as hospital records, records of pre-natal care, etc.

5. One 2 inch x 2 inch photograph of the child on a white background, clearly showing the child's face, head and ears.

6. If only one parent is an American citizen, special rules govern the ability of the parent to transmit citizenship. The American citizen parent should bring as much evidence as possible of his/her physical presence in the United States from his/her birth until the birth of the child. School report cards or transcripts, employment records, income tax returns, W-2 forms, social security earnings statements, pay receipts, and passport entry/exit stamps, etc. are examples of documents that can be used for this purpose. The above documentation must be submitted as either an original or copy certified by the issuing authority. If the documents are not in English or Bahasa Malaysia, they must be accompanied by certified translations.
   

Passport Applications:

Parents may apply for their child's U.S. passport at the same time. Although the CRBA can be issued right away, it takes an average of 10 working days to issue the child's passport. Children's passports are normally valid for 5 years.  Please see the First U.S. Passports: How to Apply section for further information.

Fees

The fee for a CRBA is $65.00 or the equivalent in Malaysian ringgit.  Fees may be paid in cash or by credit card.

Requirements of the U.S. Immigration and Nationality Act for Transmission of U.S. Citizenship to Children Born Abroad

A. Children born in Wedlock

1) Born to two U.S. citizen parents

If either parent has resided in the United States prior to the birth of the child, the child acquires U.S. citizenship under the provisions of Section 301 (c) of the United States Immigration and Nationality Act. There is no requisite period of residence for the parents in the United States, but it must have been at some time prior to the child's birth.

2) Born to one U.S. citizen and one alien parent

a. Born before or on November 13, 1986
The U.S. citizen parent must have been physically present in the United States for a cumulative period (or periods totaling) ten years before the birth of the child, at least five years of which were after the U.S. citizen parent reached the age of fourteen. If this requirement is met, the child acquires U.S. citizenship under the provisions of Section 301(g) of the Immigration and Nationality Act.

b. Born on or after November 14, 1986
The U.S. citizen parent must have been physically present in the United States for a period (or periods totaling) five years prior to the birth of the child, at least two years of which were after the U.S. citizen parent reached the age of fourteen years. If this requirement is met, the child acquires U.S. citizenship under the provisions of Section 301(g) of the Immigration and Nationality Act (as amended by Public Law 99-653 of November 14, l986).

B. Children Born out of Wedlock

1) Born to a U.S. citizen mother
The U.S. citizen mother must have been physically present in the United States for a continuous period of at least one year before the child's birth. This period of presence may have been at any time before the child's birth. If this requirement is met, the child acquires U.S. citizenship under the provisions of Section 309(c) of the United States Immigration and Nationality Act.

2) Born to a U.S. citizen father and an alien mother
In November 1986, the United States Immigration and Nationality Act was amended to permit a child born out of wedlock to a U.S. citizen father and an alien mother to acquire U.S. citizenship at birth based upon clear and convincing evidence of paternity. The father must have fulfilled the appropriate physical presence requirements under Section 301(g) of the United States Immigration and Nationality Act (ten or five years of physical presence as explained).

In addition, the United States citizen father must:

• Sign a written agreement to provide financial support until the child reaches the age of eighteen years; and

• Make a statement under oath acknowledging parentage, or legitimate the child under the law of the child's residence or domicile; or, have the paternity of the child adjudicated and established by a competent court.

C. Not Enough U.S. Physical Presence?

If you are an American citizen who does not have enough U.S.  physical presence to transmit your U.S. nationality to your child, a grandparent may be able to do so via the Child Citizenship Act of 2000. 

The Child Citizenship Act of 2000 allows certain foreign-born, biological and adopted children of American citizens to acquire American citizenship automatically. These children did not acquire American citizenship at birth, but they are granted citizenship when they enter the United States as lawful permanent residents (LPRs).

Alternatively, you may file an Immigrant visa petition for an Immediate Family Member.

Need more information? You can e-mail us at klconsular@state.gov (please put "ACS" in the subject line).