Child Entering USA on British Passport

[JohnPearson1900 0]

My wife is a US citizen, by birth and lived there until she was 21.

 

 

My wife is now a naturalized British Citizen and I was born a British Citizen.  My son was born in the UK and holds a British Passport.

 

We want to visit the USA for the first time as a family.  My wife does not have any documentation to prove she was in the USA for 5 years (2 years after 14) etc.  We therefore won't be able to get a CRBA for our son.

 

We plan to travel soon.  Will my son have any problems entering the USA on a Visa Waiver if he obtains an ESTA prior to travel?  Would the check in person by likely to question why he isn't travelling on an American passport seeing as his mother is American?  Would they have any idea?  Could I just tell them my wife didn't spend enough time inside the USA to qualify to pass on citizenship, they'd have no idea right?

 

What about when we arrive in the USA, are we likely to have any problems at the border, my wife will enter on her US passport, myself and my son will have British Passports and an ESTA?

 

Thanks in advance for any help.

 

[Boiler 46,125]

They might ask and if they do you have an answer.

[JohnPearson1900 0]

Just now, Boiler said:

They might ask and if they do you have an answer.

 

I could say either

 

a) I can't register my child as a USC and obtain a passport as I don't have the required evidence, therefore nobody can tell me if he's American or not (truth)

b) I moved away from the USA as a child so my children don't qualify for US Citizenship (lie)

 

There's no way of the airline check in person having any idea of whether or not I'm telling the truth is there?  So safe bet might be to lie?

 

Obviously once we get to the USA, we just turn up and play dumb, american, my son, no he's British, what he might be American, yay,.  Let us in.

 

What's the risks of either of these approaches?

[NigeriaorBust 4,087]

  If your wife is a USC and seems to meet the requirement of passing citizenship to her child then your child qualifies for a US passport . Only one parent needs to meet the requirement. 

   A USC must enter the US with their US passport.   Try looking for high school records.  I assume your wife completed high school .

[JohnPearson1900 0]

23 minutes ago, NigeriaorBust said:

  If your wife is a USC and seems to meet the requirement of passing citizenship to her child then your child qualifies for a US passport . Only one parent needs to meet the requirement. 

   A USC must enter the US with their US passport.   Try looking for high school records.  I assume your wife completed high school .

 

Yes, she can get a copy (but not certified copy) of her high school transcript.  From what I can gather this is no good.

 

Lets say we need to travel next week, how much hassle are we going to get?  we don't care if the kids never get US passports by the way, no interest in them being recognised as citizens.

Edited October 23, 2017 by JohnPearson1900

[NikLR 13,232]

The problem is it's US law for a USC to enter and exit the USA with a US passport.  Have you contacted the London embassy about what your wife could provide for the CRBA?

[NikLR 13,232]

However there is zero chance of getting everything done by the time you are supposed to travel.  Just be honest at CBP check points. 

[SusieQQQ 11,587]

4 hours ago, JohnPearson1900 said:

 

I could say either

 

a) I can't register my child as a USC and obtain a passport as I don't have the required evidence, therefore nobody can tell me if he's American or not (truth)

b) I moved away from the USA as a child so my children don't qualify for US Citizenship (lie)

 

There's no way of the airline check in person having any idea of whether or not I'm telling the truth is there?  So safe bet might be to lie?

 

Obviously once we get to the USA, we just turn up and play dumb, american, my son, no he's British, what he might be American, yay,.  Let us in.

 

What's the risks of either of these approaches?

It’s never a good idea to lie to CBP or any immigration official and no one here is going to advise you to do so.

[jan22 3,064]

NEVER lie about this to immigration.   Immigration will most likely know that he has a US citizen mother, either through the ESTA application or when you enter as a family and she presents her US passport. It doesn'the matter that you have no interest in documenting his US citizenship -- he might well feel differently, now or in the future.

 

If he enters as a British citizen (which is against US law for US citizens) and you say his US citizen mother did not have sufficient physical presence to transmit her citizenship to him, you may lead to a denial of his claim to US citizenship in the future.  When you or he try to document him as a US citizen in the future, they may encounter this immigration record and make things extremely difficult.

 

Your wife should be able to gather some information that would help document your case. When she received her first passport (likely showing when she first planned to travel internationally), school records, school yearbooks with her photos, family photos taken in the United States, doctor's records, immunization records -- none of these need to be certified.  She would need to complete and sign an Affidavit of Physical Presence, which she would have to attest is true and correct under penalty of perjury. The affidavit, supporting documentation, and the interview -- during which she could discuss her teachers and the curriculum, what her home was like, how she spent her time growing up, etc -- should convince the consular officer that that she did grow up in the US.  The time and trouble involved seems worth it to protect his US citizenship birthright for him.

Edited October 24, 2017 by jan22