Do my kids need US passports?

[TS_123 9]

I have my Visa approved, ready to activate when I cross the border at end of month.  My wife (sponsor) is a US Citizen.  My 2 kids were born here in Canada but both have US Consular Birth Abroad Birth Certificates.  Will I have any issues crossing/migrating across the border if my kids have Canadian, not US passports so long as I bring the US Consular Birth Abroad Birth Certificates?

 

Thank you!

[TS_123 9]

24 minutes ago, TS_123 said:

I have my Visa approved, ready to activate when I cross the border at end of month.  My wife (sponsor) is a US Citizen.  My 2 kids were born here in Canada but both have US Consular Birth Abroad Birth Certificates.  Will I have any issues crossing/migrating across the border if my kids have Canadian, not US passports so long as I bring the US Consular Birth Abroad Birth Certificates?

 

Thank you!

I just called US Customs and they said if I'm travelling by air, then they must use US passports...I don't see how this make sense because they have traveled to the US before as Dual Citizens by air before with no issues....not sure what to do?

[little immigrant 801]

They can certainly fly on their Canadian passport but they will be considered Canadians and not USC when they are here. Get the US passports. Better safe than sorry. 

[geowrian 22,338]

If you are a USC, you must use a US passport to enter the US instead of any other country's passport.

https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/Advice-about-Possible-Loss-of-US-Nationality-Dual-Nationality/Dual-Nationality.html

" U.S. nationals, including dual nationals, must use a U.S. passport to enter and leave the United States. Dual nationals may also be required by the foreign country to use its passport to enter and leave that country. Use of the foreign passport to travel to or from a country other than the United States is not inconsistent with U.S. law.   "

[payxibka 10,047]

17 minutes ago, TS_123 said:

I just called US Customs and they said if I'm travelling by air, then they must use US passports...I don't see how this make sense because they have traveled to the US before as Dual Citizens by air before with no issues....not sure what to do?

If you want them to enter as US citizens and remain they must enter on a US passport.  Otherwise they will enter as Canadian citizens and be granted only a short term stay if they are allowed to enter at all

Edited December 14, 2017 by payxibka

[TS_123 9]

2 minutes ago, payxibka said:

If you want them to enter as US citizens and remain they must enter on a US passport.  Otherwise they will enter as Canadian citizens and be granted only a short term stay if they are allowed to enter at all

so it's dependent on the custom officer...a gamble.

Edited December 14, 2017 by TS_123

[payxibka 10,047]

Yes, foreign nationals are never guaranteed entry.  BC's used to be acceptable for land crossings but not anymore.  

Edited December 14, 2017 by payxibka

[Mollie09 1,543]

19 minutes ago, TS_123 said:

so it's dependent on the custom officer...a gamble.

Not really. They will likely be admitted - as Canadians with limited durations of stay.

[TS_123 9]

I'm in a really bad situation....I'm flying out on end of Dec.  I doubt the US Consulate in Toronto will be produce the passports this fast although I have an appt. tomorrow.  I have no choice but to fly out that date as my home here in Toronto is sold and my new home in the US is built....I'll see what they do tomorrow....not good....

[Mollie09 1,543]

18 minutes ago, TS_123 said:

I'm in a really bad situation....I'm flying out on end of Dec.  I doubt the US Consulate in Toronto will be produce the passports this fast although I have an appt. tomorrow.  I have no choice but to fly out that date as my home here in Toronto is sold and my new home in the US is built....I'll see what they do tomorrow....not good....

You might be surprised at their turnaround. Especially if you're willing to pay more.

[TS_123 9]

1 hour ago, Mollie09 said:

You might be surprised at their turnaround. Especially if you're willing to pay more.

I'm going to tomorrow to the US consulate in Toronto to apply for their passports.  I hope I'm able to get it in time.  If not, I'll have to take my chances.  Again, both my kids have been US citizens via consular birth abroad for quite some time and have traveled by air from Canada to the US on a Canadian passport so I guess they didn't know that my kids were not American Citizens.  That would be worst case scenario...if they ask, i will obviously tell them.  Let's see...

[Ontarkie 14,378]

3 hours ago, payxibka said:

Yes, foreign nationals are never guaranteed entry.  BC's used to be acceptable for land crossings but not anymore.  

Did something just change, I only use my kids BC for land crossings?

 

NVM looks like nothing has changed BC for Land Crossing is still permitted for kids 15 and under. 

https://help.cbp.gov/app/answers/detail/a_id/3618/kw/birth certificate for land crossings

Edited December 14, 2017 by Ontarkie

[Ontarkie 14,378]

57 minutes ago, TS_123 said:

I'm going to tomorrow to the US consulate in Toronto to apply for their passports.  I hope I'm able to get it in time.  If not, I'll have to take my chances.  Again, both my kids have been US citizens via consular birth abroad for quite some time and have traveled by air from Canada to the US on a Canadian passport so I guess they didn't know that my kids were not American Citizens.  That would be worst case scenario...if they ask, i will obviously tell them.  Let's see...

Someone dropped the ball here. Where the kids traveling with both parents or just the Canadian? If just the Canadian parent I can see how they didn't connect the  dots. 

Flying absolutely must have passports. 

[TS_123 9]

1 hour ago, Ontarkie said:

Someone dropped the ball here. Where the kids traveling with both parents or just the Canadian? If just the Canadian parent I can see how they didn't connect the  dots. 

Flying absolutely must have passports. 

Again, I've flown multiple times with myself and my wife with the kids (both American citizens via birth abroad) flying with Canadian passports and we have never had issues.  The reason I'm concern now is my moving company mentioned that might be a problem hence the last minute panic.  I'll see what they say tomorrow...

[Ontarkie 14,378]

Yes they messed up.

 

USC must use a US passport to enter the US. I can use my US passport to enter Canada but I could not use my Canadian Passport to enter the US. 

 

Regardless on why it passed before they will need a US passport (unless by land) as you are moving and don't need them entering as a visitor.