# If you are a US citizen living abroad about to have children…

- Link: https://www.lumlawgroup.com/uscitizenshipforchildrenabroad/
- Published: 2017-06-19T16:04:42-07:00
- Author: Albert J Lum

Did you know that children born to US citizens living outside the US are no longer
automatically considered US citizens? As US citizenship is no longer automatic for
children born to one or more US citizens overseas, it’s important to prepare for
the process of obtaining a Consular Report of Birth Abroad (CRBA) for your child.

Under the **Child Citizenship Act (**CCA**)**,

>  “…the U.S. citizen parent of a child living abroad must have **five years of 
> physical presence in the United States** or its outlying possessions with at least
> two years occurring after age 14, in order to apply for citizenship on behalf 
> of the child.”

After you make an appointment with the embassy, gather evidence of your citizenship
and US residence. You will have to provide that information in person. But what 
kind of evidence are they looking for? **Proof of citizenship** is explained on 
the [US Embassy, Beijing](https://china.usembassy-china.org.cn/u-s-citizen-services/birth/overview/)
as follows:

> “Physical presence is the actual time when the parent was physically within the
> borders of the United States. This means that any travel outside the United States,
> including vacation, should be excluded. Maintaining a residence in the U.S. does
> not constitute physical presence. You may submit **tax returns**,** wage statements**(
> W2s), **school transcripts**,** utility bills**, **rental/lease agreements**, 
> etc. as evidence of your physical presence in the United States. If you submit**
> W-2s** as evidence of physical presence, please also submit a **letter from the
> employer stating your period of stay in the U.S**. If a parent is a naturalized
> U.S. citizen, **previous Chinese passports** can be used as evidence of physical
> presence.”

The CRBA form (FS-240) requires applicants, both US citizen and foreign national
parents, to cite when and where they were in the US, which other countries they’ve
been in, and what the purpose of their stay in the US had been.  Hard evidence supporting
the exact dates is necessary for the interview.

For more information on how we can help you, please [contact our office](https://www.lumlawgroup.com/uscitizenshipforchildrenabroad/ ajlum@lumlawgroup.com).