Lynch21usa

that’s great thank you so much for your help 😊

SanDiegogirl

How does she do this?...son cannot get ESTA to enter the US as he is a US citizen; and he does not have a US passport on which to enter.

morpeth

I have known a few people including a relative who did just that, though preferable to go the embassy route in the UK,

christmasoompa

Isn't it a legal requirement for USC's to enter the US on a US passport?

RICH

Being USC and having a US passport are not the same thing! So that rule is ambiguous,

scrubbedexpat096

Exactly this, you have a right to USC its not quite the same as a US passport. Its an incredibly daft 'law' not even sure what the repercussions would or could be for entering on a 'foreign passport'

morpeth

A US citizen has a right to return.
A US citizen cant return with a US passport if they don't have one. but still has right to return.

It is preferable of course to get the form signed and notarised by husband and then go to US consulate, and copy of husbands passport an birth certificate. (A certificate of citizenship. I would value higher than the passport)

morpeth

I know of at least three cases like this, one of close relative who didn't wish to through bother of registering the foreign birth as wasn't married at time. Child wasn't born in UK, but British Consulate issued passport in just a few days without father even being present.Child entered US on British passport then applied for US passport. )but passport official made mistake asking for certificate of naturalization as birth not registered at consulate where child born, So simply applied for certificate of citizenship , then the passport.If my understanding correct a US passport isnt 'proof' of being a citizen.

The issue of how many years child needs to be in US before 18 I believe was modified several years ago, I don't know current rule.

christmasoompa

It's not 'a right to USC' in the OP's case though, from what she's said her child is a USC, and has been since birth. So legally has to enter on a US passport.

Apparently nothing now, used to be a large fine. But personally I wouldn't risk if if the OP's plan is to move permanently, I wouldn't want any notes made on my file!

morpeth

i am not a lawyer only made observations on similar cases observed one in detail, i would be curious what an immigration lawyer would say- i know in the one case of the relative their lawyer said don't worry and never came with the mothers green card application. though i wrote preferable to get the passport first in the UK.,

Olly_

The issue is actually boarding the plane - if traveling with a British passport you need an ESTA/visa/green card or the airline won't let you board but as a US citizen you can't have any of those things...

scrubbedexpat099

There are certainly people what have obtained ESTA approval for their US child using a foreign passport.

Right or wrong.

SanDiegogirl

https://help.cbp.gov/s/article/Artic...to%20the%20U.S.

I am a U.S. Citizen with dual citizenship in a VWP country?

U.S. Citizens are not required to have an ESTA and are required to use their U.S. passport to travel to the U.S.

Think the above from the US Border and Customs Protection website is pretty definitive.

civilservant

How is it a 'daft law'?

The US does not want to be admitting Citizens under the VWP or with visas, because they don't need one. This potentially avoids additional paperwork and potential erroneous enforcement action upon (what they think are) 'visa overstayers' but actually USCs.

The most simple way to ensure that you are not admitting such people is to require that they possess and use US passports if eligible for one.

scrubbedexpat096

Because simply being born abroad as a Child of a USC (and meeting criteria to have a right to USC) is not enough to obtain a US passport, it may well and is often easier to obtain a passport and citizenship in the country the minor was born.

WHat if that child then has no intention in becoming a USC (although technically by US law they are a USC) but wants to visit family in the US?

Its a meaningless unpunishable law...