Many children born overseas to a U.S. parent are U.S. citizens from birth. This is so even if the parents never registered the birth at a U.S. Consulate or Embassy, or applied for a U.S. passport for the child. Some parents view this as a way to keep the child outside the U.S. tax system, but the risks can surface later in life. For example, investing in the U.S. and signing a Form W-8BEN while knowing one is a U.S. citizen can be treated as fraudulent, with serious legal consequences.
“To be or not to be” is NOT the question — If the U.S. parent transmitted citizenship at birth the child IS a U.S. citizen at birth. Full stop. The difficult question is whether to register the birth obtaining a U.S. Consular Report of Birth Abroad.
Yesterday’s podcast with attorney John Richardson explores both sides of this complex issue. Together we discuss the practical advantages and the long-term compliance traps.
Posted November 9, 2025
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