Swedish citizen ship born to a USA father to go to USA

[Kakgeige 0]

We thought in our stupidity she could go there with her Swedish passport to visit her US citizen father. Is it true that she cannot do this? Being born to unmarried parents it seems like a true headache. Do we really need to take a DNA test proving paternity? He has already signed this paternity papers when she was a baby. Also is it true we will need a paper stating child support obligation? This seems such a weird request to make I think. In all reality we would love for her to enter with her Swedish passport but I, the swede, will not be coming with her. She will be traveling either with her US father or accompied with one of the airline staff. Depending on when she goes of course as she is turning 5 within the year. 

Please help. Rude comments please don't. I really don't have the energy in my life right now and my health is collapsing.

[SusieQQQ 11,586]

It’s not clear from your post if your child attained US citizenship at birth. If she did, then yes she should have a US passport to enter the US, according to US law.
It sounds like the documents you mention are those required for CRBA to get a US passport, for a child born out of wedlock? If that’s the case, yes the financial support document is required. DNA should not be required if her father’s name is on the birth certificate (or otherwise affirmed, you mention paternity papers so I assume it is).  

 

[Kakgeige 0]

4 minutes ago, SusieQQQ said:

It’s not clear from your post if your child attained US citizenship at birth. If she did, then yes she should have a US passport to enter the US, according to US law.
It sounds like the documents you mention are those required for CRBA to get a US passport, for a child born out of wedlock? If that’s the case, yes the financial support document is required. DNA should not be required if her father’s name is on the birth certificate (or otherwise affirmed, you mention paternity papers so I assume it is).  

 

Hello

Thank you for replying. She has not yet a us birth certificate. She is only registered as a Swedish citizen and she holds a Swedish passport. 

[SusieQQQ 11,586]

1 minute ago, Kakgeige said:

Hello

Thank you for replying. She has not yet a us birth certificate. She is only registered as a Swedish citizen and she holds a Swedish passport. 

I understand that, but if her father is qualified to pass on US citizenship (it is not automatic that all citizens do) then she should be registered at the US embassy and a passport applied for. Are you familiar with the relevant pages for this on the embassy website? They start here : https://se.usembassy.gov/u-s-citizen-services/child-family-matters/transmission-requirements/ 

[Kakgeige 0]

1 minute ago, SusieQQQ said:

I understand that, but if her father is qualified to pass on US citizenship (it is not automatic that all citizens do) then she should be registered at the US embassy and a passport applied for. Are you familiar with the relevant pages for this on the embassy website? They start here : https://se.usembassy.gov/u-s-citizen-services/child-family-matters/transmission-requirements/ 

Thank you. Yes she should and will of course but my question is if she can enter the states with her swedish passport? I am very ill and unable to collect all evidence needed and ultimately something her dad could do once she has entered the states if possible. And yes he can pass it on and he will but since my situation right now is so poorly I am unable to help as I would be required to and I have no family member here that would be willing to help and neither can he come here to help. So you understand my dilemma. So I must ask you, if she didn't obtain her US birth certificate yet, can she enter the states with a valid swedish passport until situation changes to she can get it? Or can they deny her entry? Obviously we can send along proof of him being registered as father. Not a problem as I can get that paper sent to my house easily. 

[Kakgeige 0]

Also very uncertain that he has the providing documents, so we don't know really what to do. He is going through the paperwork he still has but the family lost a lot of papers throughout the years and they also had a fire that ruined a lot.

[SusieQQQ 11,586]

17 minutes ago, Kakgeige said:

So I must ask you, if she didn't obtain her US birth certificate yet, can she enter the states with a valid swedish passport until situation changes to she can get it?

On a technicality, a CRBA is not a birth certificate. And I don’t actually know the answer. They cannot refuse entry to a US citizen, but she won’t have proof of that. And if she is traveling with her dad, or unaccompanied minor to meet her dad, i am pretty sure the question about whether or not she is a citizen will arise. At best I can see it leading to a long delay and questions.  As you will see from one of the pages I linked you, they highlight “Even if your child holds another nationality, he or she must enter and exit the United States on a U.S. Passport.”

 

If her dad has the documents, possibly better he brings them to Sweden and submits it then travels back with her with her US passport. If you don’t mind me saying this, she is very young to send as an unaccompanied minor for such a long flight and I think traveling with dad is better anyway.

 

 

Edited January 4, 2021 by SusieQQQ

[aaron2020 11,651]

16 minutes ago, Kakgeige said:

Thank you. Yes she should and will of course but my question is if she can enter the states with her swedish passport? I am very ill and unable to collect all evidence needed and ultimately something her dad could do once she has entered the states if possible. And yes he can pass it on and he will but since my situation right now is so poorly I am unable to help as I would be required to and I have no family member here that would be willing to help and neither can he come here to help. So you understand my dilemma. So I must ask you, if she didn't obtain her US birth certificate yet, can she enter the states with a valid swedish passport until situation changes to she can get it? Or can they deny her entry? Obviously we can send along proof of him being registered as father. Not a problem as I can get that paper sent to my house easily. 

No, she can not enter the US with her Swedish passport.  She is a US citizen, so she must enter the US with a US passport.  There is no way around this.

 

She can not obtain a US birth certificate because she was not born in the US.  She needs a CRBA, a Consular Report of Birth Abroad, based on her foreign birth certificate.  A CRBA is not a US birth certificate.  She can apply for a US passport with a filing for her CRBA.

 

 

[aaron2020 11,651]

From the US State Department.  https://travel.state.gov/content/dam/childabduction/dual_nationality.pdf

 

 

Most U.S. citizens, including dual nationals, must use a U.S. passport to enter and leave the United States

Edited January 4, 2021 by aaron2020

[HRQX 4,145]

1 hour ago, Kakgeige said:

We thought in our stupidity she could go there with her Swedish passport to visit her US citizen father.

She needs US passport. See INA 215(b): "Except as otherwise provided by the President and subject to such limitations and exceptions as the President may authorize and prescribe, it shall be unlawful for any citizen of the United States to depart from or enter, or attempt to depart from or enter, the United States unless he bears a valid United States passport."

 

https://www.cbp.gov/travel/us-citizens/western-hemisphere-travel-initiative/faqs "U.S. citizens need a passport to enter the United States by air"

[carmel34 3,633]

14 hours ago, Kakgeige said:

Obviously we can send along proof of him being registered as father. Not a problem as I can get that paper sent to my house easily. 

Her USC father can submit the child's Swedish birth certificate showing him as father, with a copy of his US passport, to the US Embassy in Sweden, to request the child's US passport.  Then when the child has a US passport, her father can travel to Sweden to bring her back with him to the US.  Dad will also need a sworn statement from you stating that he can travel internationally alone with her.  Good luck!

[JeanneAdil 6,509]

Many airlines will not allow children 7 and under to make connections at all, but in the event a minor is old enough to change planes, they will be assisted by airline personnel. Some airlines—Southwest, for example—will not allow any minor (5 – 11) to change planes. JetBlue and Spirit will not allow any children under 15 to make a connection. Southwest and Spirit do not allow unaccompanied minors on international flights, while most other airlines do. Unaccompanied minors are often prohibited from taking codeshare flights.

 

The danger is in overlays as the children are not aware of who they can  trust 

and i saw in Miami airport a child being seated and told to wait for SOMEONE to come put them on the next flight

mind you SOMEONE  that means anyone could go up to a child and say come with me

[SteveInBostonI130 3,454]

I think there is some misunderstanding going on.  

 

Right now the child is not a US citizen.  She is a Swedish citizen until the parents decide to pursue US citizenship with CRBA.

 

To the OP, technically the child can enter the US with her Swedish passport but only to visit, not to immigrate to the US.  If you want her to permanently live in the US, then you will need to go through with CRBA and get her a US passport.

 

 

[SusieQQQ 11,586]

20 minutes ago, SteveInBostonI130 said:

I think there is some misunderstanding going on.  

 

Right now the child is not a US citizen.  She is a Swedish citizen until the parents decide to pursue US citizenship with CRBA.

 

To the OP, technically the child can enter the US with her Swedish passport but only to visit, not to immigrate to the US.  If you want her to permanently live in the US, then you will need to go through with CRBA and get her a US passport.

 

 

That’s internally incorrect logic. A CRBA is for someone who was born a citizen. If she is eligible for a CRBA, then she is already a citizen, she just doesn’t have the proof of it. If she was not born a citizen she is not entitled to CRBA and will need her father to “ pursue citizenship “ by sponsoring her via an i130. Common mistake to make, but a mistake nevertheless. She is either a citizen or she isn’t. She doesn’t “become” one with a CRBA. A CRBA just proves what she already is.

 

From DoS: The Department only issues CRBAs to children born abroad who acquired U.S. citizenship or nationality at birth 

 

 

Edited January 4, 2021 by SusieQQQ

[HRQX 4,145]

23 minutes ago, SteveInBostonI130 said:

Right now the child is not a US citizen.

That's incorrect if the father transmitted US citizenship at the time of her birth. Thus, she needs US passport to fly to the US.