Must I register my child's birth outside the USA? |
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Must I register my child's birth outside the USA? |
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#1
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Advanced Member ![]() ![]() ![]() Csoport: Members Hozzászólások: 480 Csatlakozott: 8-September 18 Azonosító: 761 ![]() |
My child was born outside the USA, and is possibly † a USA citizen according to the rules. She is a UK citizen and has a UK passport she has travelled on within europe already.I am asking as my child is under a year old and we have booked trips to see her grandparents in the USA for christmas. We were unaware of these potential rules and have not got her USA passport, SSN or CRBA yet. Does that therefore mean she cannot enter the USA on her UK passport? If so then we have a problem we need to deal with.
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#2
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Advanced Member ![]() ![]() ![]() Csoport: Members Hozzászólások: 261 Csatlakozott: 28-October 18 Azonosító: 884 ![]() |
My child was born outside the USA, and is possibly † a USA citizen according to the rules. She is a UK citizen and has a UK passport she has travelled on within europe already.I am asking as my child is under a year old and we have booked trips to see her grandparents in the USA for christmas. We were unaware of these potential rules and have not got her USA passport, SSN or CRBA yet. Does that therefore mean she cannot enter the USA on her UK passport? If so then we have a problem we need to deal with. Update: we ended up booking an emergency passport appointment at the US embassy for the day before we travelled to the USA, and applying for the CRBA at the same time. Her US passport was issued on the spot and the CRBA arrived less than three weeks later as expected. However we also met another couple who did their first trip with a UK passport for the US/UK nationality child with no issues (both of them travelled, however, so it wasn't a case of a US citizen travelling with a baby on a non-US passport). – bejeb Dec 10 '15 at 14:36 |
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#3
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Advanced Member ![]() ![]() ![]() Csoport: Members Hozzászólások: 242 Csatlakozott: 31-October 18 Azonosító: 886 ![]() |
According to US law (8 USC 1185(b)), it is "unlawful" for a US citizen to enter and leave the US without bearing a US passport, with some exceptions (e.g. enhanced driver's licenses, NEXUS cards, and children born in the US under 16 crossing a land border) which don't apply to your case. However, there is no consequence for violating this law.
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#4
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Advanced Member ![]() ![]() ![]() Csoport: Members Hozzászólások: 480 Csatlakozott: 8-September 18 Azonosító: 761 ![]() |
According to US law (8 USC 1185(b)), it is "unlawful" for a US citizen to enter and leave the US without bearing a US passport, with some exceptions (e.g. enhanced driver's licenses, NEXUS cards, and children born in the US under 16 crossing a land border) which don't apply to your case. However, there is no consequence for violating this law. If the child is clearly a US citizen (e.g. born in the US), or a US government has determined that the child is a US citizen (e.g. a proof of citizenship has been issued for the child), then traveling to the US without a US passport might raise questions. But if the child is born outside the US and a US consulate has not yet determined, or is in the process of determining, the person's US citizenship, it is okay to travel on a visa or visa waiver in the interim. See this question for a similar case. (This person was similarly a US citizen at birth, born abroad, and was in the process of applying for a US passport; the person's own answer contains a response from the US consulate saying it is okay.) |
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#5
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Advanced Member ![]() ![]() ![]() Csoport: Members Hozzászólások: 261 Csatlakozott: 28-October 18 Azonosító: 884 ![]() |
They are not going to try to adjudicate a child born abroad's US citizenship at the border because that depends on so many factors (e.g. the US citizen parent's periods of physical presence in the US prior to the birth) that involve a very long process to examine. Plus, even if we take the hypothetical assumption that they somehow can instantly know for sure that the child is a US citizen (which as above, is impossible to do at the border), what can go wrong? They cannot deny entry to a US citizen (they could give you a lecture, but they cannot deny entry under any circumstances if it is established that you are a US citizen). So in any case, the child would still be able to enter the US.
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#6
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Advanced Member ![]() ![]() ![]() Csoport: Members Hozzászólások: 242 Csatlakozott: 31-October 18 Azonosító: 886 ![]() |
They are not going to try to adjudicate a child born abroad's US citizenship at the border because that depends on so many factors (e.g. the US citizen parent's periods of physical presence in the US prior to the birth) that involve a very long process to examine. Plus, even if we take the hypothetical assumption that they somehow can instantly know for sure that the child is a US citizen (which as above, is impossible to do at the border), what can go wrong? They cannot deny entry to a US citizen (they could give you a lecture, but they cannot deny entry under any circumstances if it is established that you are a US citizen). So in any case, the child would still be able to enter the US. You don't have to "register" the birth. But if your child needs to get a US passport, how is your child going to get a US passport without going to the US consulate?According to CPB's site if you enter the US by air as a US citizen, you have to enter it using your passport, even if you are a child. If you enter the USA on land, or by sea (from Canada, Mexico, or the Caribbean), then for a child aged 15 or less the following is also enough: |
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#7
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Advanced Member ![]() ![]() ![]() Csoport: Members Hozzászólások: 480 Csatlakozott: 8-September 18 Azonosító: 761 ![]() |
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