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Birth Abroad DS-1350/FS-240 Needed

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  • Birth Abroad DS-1350/FS-240 Needed

    Hello,

    My father was born in Australia in 1960 to US citizen parents. The family returned to the US 1964 and never again left the US. I have a picture of the family passport they used to return to the US. It lists my father’s name on it. My father claims that he never had a Certificate of Citizenship or a DS-1350/FS-240 issued to him. Is there a way to tell if he ever received one? Should I just help him apply for a replacement FS-240 and see what the search returns?

    He is now trying to get his US passport but doesn’t have a document to prove his citizenship.

    Thank you for the help.

    Jason

  • #2
    Keep in mind that he is not required to have ever gotten a CRBA or a Certificate of Citizenship. And he can apply for a US passport without needing a CRBA or a Certificate of Citizenship. So while you could try a search for a CRBA, the other option is to apply directly for a US passport. Assuming that he was born in wedlock and both of his parents were US citizens at the time of his birth, either one of his parents just has to have had a "residence" in the US at some point before his birth for him to have been a US citizen at birth. So for proof of US citizenship to apply for a US passport, he would use the proof of his parents' US citizenship at the time of his birth, as well as proof that at least one of them had a residence in the US before his birth.

    He can also apply for a US passport and instead of submitting evidence of US citizenship, request a file search for a previously-issued CRBA or US passport. I am not sure whether this would be able to turn up his parent's passport though.
    Last edited by newacct; 03-01-2021, 01:09 AM.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      He should be able to apply for a US passport based on either of his parents' US passport alone.
      But this happened over 50 years back, and they might want to know why he waited till now for the US passport.

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      • #4
        Thank you for the replies. He has already applied for a US passport. The Department of State sent a letter with three options. Fist option is to provide evidence of his citizenship (Certificate of Citizenship, FS-240, FS-545, DS-1350, or previous passport) which he doesn't have. The second option is by proving his parent's citizenship (with documents he doesn't have originals or certified copies of) and requires an affidavit signed by the parents (who are now deceased). The third option is to request a search for a previously issued passport or CRBA.

        I have a picture of the family passport from 1964. It was issued to my grandfather but lists my father's name on it also in the minors section. Do you think this would count as a "previously issued US passport"? If so, I am sure this would come up during the State Department's record search. What do you all think?

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        • #5
          Originally posted by misterjason View Post
          Thank you for the replies. He has already applied for a US passport. The Department of State sent a letter with three options. Fist option is to provide evidence of his citizenship (Certificate of Citizenship, FS-240, FS-545, DS-1350, or previous passport) which he doesn't have. The second option is by proving his parent's citizenship (with documents he doesn't have originals or certified copies of) and requires an affidavit signed by the parents (who are now deceased). The third option is to request a search for a previously issued passport or CRBA.

          I have a picture of the family passport from 1964. It was issued to my grandfather but lists my father's name on it also in the minors section. Do you think this would count as a "previously issued US passport"? If so, I am sure this would come up during the State Department's record search. What do you all think?
          I think the "affidavit" is only for establishing periods of physical presence or residence in the US before the child's birth. So if you can provide that evidence in another form, that should be sufficient.

          I don't know if being included in a parent's passport counts as a passport that will show up in a file search, but it's worth a shot I guess.

          This is my personal opinion and is not to be construed as legal advice.

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