JohnPeason

I am American and our child was born in the UK. I do not want to have to travel to the US embassy to get a US Passport for my child and register him as a US Citizen and pay for a US Passport.

The question is, will we be able to travel to the USA on his UK passport without problems, presuming he applies for an ESTA? Are we likely to encounter any problems boarding the plane or at border control?

terrier

Depending on the precise particulars of your circumstance, your child may not be a US citizen in any case. For example, if you did not live in the US for at least 5 years (at least 2 of them after age 14) and either you were not married to the other parent at time of birth or the other parent is not a US citizen, or if neither US citizen parent had previously resided in the US.

If both parents were US citizens, married to each other at time of birth, and at least one of you had a residence in the US prior to the child's birth, then your child is a US citizen, and you should register with the consulate and get a US passport.

In any case, expect significant questions from CBP if all parents traveling with the child (you didn't say if the other parent was traveling) with US passports show up with a child without one. Their concerns will be, primarily, that the child is in fact legally in your custody and whether the child is a US citizen (who cannot be denied entry, even if they lack a US passport or certificate of citizenship,) If CBP determines that the co-traveling parent(s) is a/are US citizen(s) but the child is not, your child is at significant risk of being denied entry to the US whether they have an ESTA or not, because of the risk that the parent(s) will remain in the US (as they are entitled to do) along with the child (who is not.) Your return tickets may not be sufficient proof of intent to leave the US with the child, and other supporting documentation may be necessary to demonstrate you and your child retain continued ties to the UK like proof of school registration, documentation showing you continue to maintain a residence in the UK, etc.

Basically:

1. If you are traveling with the child but without the other parent, you absolutely need a notarized statement from the other parent granting permission for you to travel with the child. This is true even if everyone is a US citizen, and you're likely to be asked for this on your way out of the UK.
2. Figure out if your child is actually a US citizen. You haven't provided sufficient information here to determine this. If both parents are US citizens who were married at the time of the child's birth, and one of you was at some point resident in the US, your child is a US citizen.
3. If the child is a US citizen, get the passport. You're not saving them any future hassles by not registering them; registration itself does not confer citizenship, as citizenship is determined by other criteria. If you don't, and the other parent is also a US citizen and is traveling with you, you can expect to be hassled by CBP. As long as you can prove the child is a citizen (by proving, for example, one of you had a residence in the US before the child's birth, and you were married before the child's birth - bring original documentation!) you will eventually be allowed into the country, likely after secondary inspection and a bunch of grumbling. But if you can't prove the child is a citizen to CBP's satisfaction after asserting that they are, your child is likely to be denied entry and one of you will be traveling back to the UK with your child at considerable expense. You may also face other civil or criminal penalties related to your statements to CBP, depending on how you comport yourself and how vindictive the point-of-entry staff are feeling.
4. If the child is not a US citizen, and the other parent is not a US citizen but is traveling with you, you should be fine as long as your child has an ESTA and the other parent has an ESTA or visa as appropriate. This is a fairly normal situation, but you should bring a record of birth showing that you two are indeed the parents. You (really, the non-citizen parent) may be asked for proof of ties to the UK demonstrating intent to return.
5. If the child is not a US citizen and the accompanying parent(s) are US citizens, it is imperative that you provide documentation that you have legal custody of the child, that the child is permitted to travel with you (the notarized statement from the other parent, if traveling without them,) and as much supporting documentation as you can muster demonstrating intent to return the child to the UK like school registration paperwork etc. CBP knows it would be easy for you to disappear into the US with your kid who has no legal immigrant status, and this above all else will be their primary concern.

tl;dr - if your kid is a US citizen, getting them a passport will be less hassle than the alternatives. And if you're traveling to the US alone with your kid, you need to provide a notarized statement from the other parent granting permission for you to travel alone with the child out of the UK.

JohnPeason

Thanks for your response.

The mother is British, we were married at the time of the birth and I had lived in the USA my whole life up until that point. So from what I've read, that means our son would be entitled to an American passport. We will all be travelling together, I was just hoping to avoid the hassle and expense of a trip to the embassy for a passport.

Why would the child be denied entry if they're unable to prove he is a US citizen? He's be travelling on a British passport with an ESTA, why would they deny him entry for not being American? Surely it should be a case of either

a) let him in as a British visitor
b) say he can't enter as a visitor as he's American and let him in as an American?

Often1

CBP might deny entry to the child for the same reasons it might deny any person presenting for admission, e.g., CBP does not believe that the child intends to leave the US as stated. Beyond denying entry, there are also significant human trafficking concerns raised. While you can deal with those, it may involve lengthy and unpleasant questioning.

The US, just like most countries, but not the UK, does not consider admission documents final. One could arrive in the US with a passport, ESTA/visa and any other document which is required.

Terrier's advice is good advice. The child being denied entry is an unlikely occurrence. But, having many questions asked in a lengthy secondary interview is a high probability. You don't provide a location, but if you are not close to LON, bear in mind that the passport function is consular and that you can deal with that at any US consulate.

There may be reasons not to formalize your child's US citizenship, but paperwork should not be one of them.

JohnPeason

We are just visiting, our entire life is in the UK, we're all UK citizens, we have a mortgage, jobs, university etc, but these would still be questions my wife would have to answer anyway, regardless of my son's US passport (or lackthereof). We're satisfied we can satisfy them we're there for a holiday, in fact, had we intended to stay, we'd be more likely to have a US passport for my son surely?

It's a lot of time (off work/uni) and money to get a passport and we'd like to avoid that if possible. Also I don't have much documentation to prove I lived in the USA anyway.

schrodingerdog

If your child is an American Citizen, the faster you clear his/her situation the better. US does not allow you to choose if you are a citizen or not. If you are considered a US citizen according to US law, the US will count you as a citizen regardless of your (and your child) opinion. And an US citizen is required to enter US with an US passport. So to avoid troubles at the border, go to the embassy / consulate and get a passport for your child.

You do not have to go to London, also Edinbrugh and Belfast are options in case you live closer to them.

catocony

Your kid might want to live in the US when he's an adult. Or go to school here, or really any number of reasons. I think it's really shortsighted to not get everything done now, but that's your call. However, as others have stated, a US citizen has an absolute right to enter/re-enter the USA. A non-US citizen does not.

terrier

The main thing is this: don't lie to government officials. First and foremost, answer all questions truthfully.

What will happen if your wife and child enter on UK passports and ESTAs, and you are asked by CBP if the child is a US citizen, as you may well be? You cannot truthfully answer "no" since by your admission here, you suspect the child might be. You can say "maybe, I'm not sure, we never asked the US consulate and our lives are entirely in the UK. We are just visiting on holiday." You mention jobs, a mortgage, university, etc - great, bring some paper that shows that. You should anyway, along with your child's birth certificate (especially if you do not all share a surname.)

Will your wife and child be admitted after giving that answer? Probably, if you're fully truthful. Will you have a secondary interview? Quite possibly. Could your wife be denied entry and be barred from the visa-waiver program? Unlikely but it could happen - and it's something much closer to "probably, plus an extended ban from the US entirely" if she makes any false statement (or fails to correct your false statement) under interview, even if you and your child are admitted as citizens. In such a situation, you could also be immediately taken into custody (i.e. arrested) AFTER being admitted if you've made false statements to CBP. (Were that to happen, your child - even if determined to be admissible as a citizen - may have the option of returning to the UK with your wife if they are young. It will be costly.) Do not lie to CBP, about your child's status or anything else.

Cutting corners with this stuff is a bad idea. If you can afford a holiday overseas you can afford a passport.

TWA884

Please follow this thread as it moves to the USA forum where ESTA and US citizenship questions and issues are commonly discussed.

TWA884
Travel Safety/Security co-moderator

WillTravel

If you don't want your child recognized as a US citizen, don't visit the United States. But if you are going to take him to the United States, get him his US passport.

GUWonder

If he has a UK passport with an approved ESTA, the likelihood of problems is very low. If someone asks why the child doesn’t have a US passport, saying that State hasn’t formally recognized the child as a US citizen should work.

Check-in/boarding is almost never the problem for such circumstances, as long as family name matches and place of birth wasn’t in the US. Even at border control it’s almost never a problem, and the very rare times it comes up, it’s with US CBP; even then it’s not commonly a problem, assuming you’ve got return/onward booking plans that get the child out of the relevant area within 90 days.

GUWonder

Not necessarily a US one, as has previously been discussed in the TS&S part of FT.

garykung

As harsh as it sounds, this is exactly on point.

The only way OP can avoid getting U.S. Passports for the children is not going into the U.S.

An approved ESTA does not guarantee entries. On that basis, you can't really draw such conclusion.

FWIW - even people get denied entries even with a visa.

It is extremely wrong.

OP's children obtained the U.S. citizenship by descent. Legally, with or without the CRBA/Passport, the children in question are U.S. citizens as far as the U.S. law concerns.

Given that a U.S. citizen is required to use his/her U.S. Passport for entering/exiting the U.S., OP can face serious trouble by failing to do so.

GUWonder

Not true.


My mention is completely correct. I’ve been around enough to know how this works in practice.







The last sentence above is built upon a law that has become toothless decades ago such that there is no serious trouble due under the law from such as I mention..

A child born to a US citizen abroad isn’t generally recognized as a US citizen unless and until the USG recognizes the particular individual child as a US citizen. It’s completely accurate to claim that State has not recognized this particular child as a US citizen. Lots of foreign-born children of US citizen descent think they are US citizens by descent, only to find out (sometimes even after State recognized them as US citizens) that they aren’t. Unless and until the USG recognizes the individual as a US citizen, the child isn’t treated as a US citizen even as they should be.