George came to session last week and was upset that he could not get his class “A” driver’s license renewed. George is required to have a Real ID for his class “A” and the California Department of Motor Vehicles (DMV) would not accept his birth certificate because it was not issued by a state or county official, it was issued by the Department of the Navy in Japan. Not only is George a military brat, he is a US Army veteran. It appears that the Real ID is going to be an issue for a lot of people. I have been researching this issue since George came in and it looks like it could be a Real pain for all, especially military Brats. It seems that some people who have US government issued ID cards are not required to get a Real ID unless it is needed for your Job like George. Getting a Real ID might be a good idea just in case though.
Effective October 1, 2020 anyone who flies or enters federal buildings and military bases must have a “Real ID” or a federally issued ID such as a retired military ID card, or a VA card with a pictured ID. This can be a problem for someone who was born into a military, state department, or embassy officials’ family in a foreign country. There are other documents that can work, but for George he must have the information to get his class “A” driver’s license so he can work. According to the regulations, for citizenship purposes, overseas military bases are not considered “U.S. soil,” the children of military personnel who are born on them are not automatically entitled to a state-issued birth certificate. Which is what you need to get a “Real ID”. Military brats born overseas will have to apply for a “Consular Report of Birth Abroad”which must be gotten from a U.S. consulate or embassy. This will allow a military brat to get a “Real ID” or passport if they were born overseas. It will take 4-8 weeks to return your U.S. birth certificate. In the meantime, George is unable to work because he is a truck driver and can’t get his Real ID because he is a military brat born overseas. and he might even lose his job because he was unaware of the requirement to get his drivers license renewed. It might be in your best interest to get your Real ID even if you are not a military brat born abroad. If you want to fly, enter a federal building, or military installation you will need to get this done. Don’t wait until the last minute.
The biggest issue I am seeing is people do not know if getting the Real ID is necessary or not. It is best to check to see if your government ID, if you have one, will work before you assume you are OK to get on an airplane flight though. This law was enacted in 2005 and the government has not educated the public about what they need to do to get the Real ID, or what passes for a Real ID. I have limited the scope of this column to helping Military Brats because of my client and it is too complex to put in a short column.
Below is what you need to do to get your birth certificate if you are a military brat and do not have one that meets the Real ID requirements. Please check with your local DMV to see if your birth certificate meets the criteria. In a Bureaucracy as large as the Department of State and the DOD not all documents are the same and change over time.
Requesting Your Consular Report of Birth Abroad
The Consular Report of Birth Abroad means you were born abroad or at a U.S. military base outside of the United States and your parents registered your birth with the local consulate. If your parents are living, you can ask if they registered your birth. For those born before December 2010, your Consular Report of Birth Abroad will be a form FS-240 or DS-1350. However, if your child was born after 2010, you will have a form FS-240. Because the Department of State maintains all registered records of birth abroad, you can request your replacement birth certificate online or through the mail. You need the following information to replace your birthcertificate:
Your full name at birth.
Any adoptive names.
Your date and place of birth.
Your passport information including date of issue, date of expiration, and passport number if available.
A valid photo ID such as a state issued driver’s license, photo ID, military ID, passport, veterans’ affairs ID, or prison ID. Or, an expired photo ID with two secondary proofs of identification. For example, utility bills or bank statements with your full name, included with the signed statement: “I declare that I do not have a valid state or government issued photo ID and I am presenting two additional documents.”
Full names of parents or legal guardians. In case of adoption or guardianship, a copy of the court order granting guardianship.
The serial number of your Consular Report of Birth Abroad where available.
Address and contact number.
Where to Send Your Request to Get a Birth Certificate for Americans Born Abroad
You will have to sign this request with your vital records in front of a notary. You can find the request form at your local bank and most post offices. The U.S. Department of State charges $50 via check or money order and you can mail your request to:
U.S. Department of State
Passport Vital Records Section
44132 Mercure Cir.
PO Box 1213
Sterling, VA 20166-1213
In most cases, it will take 4-8 weeks to return your U.S. birth certificate. If you need an original copy of your birth certificate, contact the hospital or records keeping body in the country you were born.