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

[aaron2020 11,651]

33 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.

 

 

Absolutely wrong.  Everything you posted is wrong.  You are the one that is misunderstanding what is going on.

 

The child was born a US citizen.  The child doesn't have documentary proof.  We are telling the OP to go get that proof because a US passport is required for the child to enter the US.  Even if the child NEVER lives in the US, the child is still a US citizen and needs the CRBA and US passport. 

 

 

[millefleur 5,046]

I believe this is where the term "natural born citizen" comes from. There was a thread a while back about a UK mother whose child was also a natural born US citizen, but the child didn't have a US passport, and they traveled under the UK passport only (despite actually needed a US passport to enter):

 

 

[HRQX 4,145]

11 minutes ago, millefleur said:

and they traveled under the UK passport only

*and lied on the ESTA application by not listing the US nationality:

• "Are you now, a citizen or national of any other country?"
• "Have you ever been a citizen or national of any other country?"

[millefleur 5,046]

9 minutes ago, HRQX said:

*and lied on the ESTA application by not listing the US nationality:

• "Are you now, a citizen or national of any other country?"
• "Have you ever been a citizen or national of any other country?"

Yup, exactly. That's why I brought it up - so the OP can see that it was a huge problem.

[SteveInBostonI130 3,434]

16 minutes ago, aaron2020 said:

Absolutely wrong.  Everything you posted is wrong.  You are the one that is misunderstanding what is going on.

 

The child was born a US citizen.  The child doesn't have documentary proof.  We are telling the OP to go get that proof because a US passport is required for the child to enter the US.  Even if the child NEVER lives in the US, the child is still a US citizen and needs the CRBA and US passport. 

Techincally, a child born abroad to a US citizen parent is a US citizen at birth.  But, the child is not recognized as a US citizen until the CRBA is filed.  There is no law that states that CRBA has to be filed.  Therefore, the child can be an unrecognized US citizen.

 

I was born to a US citizen father out of wedlock.  But my parents decided against CRBA, for some reason.  I did not become a recognized US citizen until I was 11 years old, two years after we moved to the US, when I received the official certificate of citizenship, which backdated my citizenship to the day I was born.  I did not travel to the US on a US passport.

[HRQX 4,145]

13 minutes ago, SteveInBostonI130 said:

Therefore, the child can be an unrecognized US citizen.

But still a US citizen. US passport legally required to fly-in. The law is explicitly clear: "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."

 

Also, how should they answer the relevant questions on the ESTA question? We cannot condone lying on the application, per this site's TOS.

Edited January 4, 2021 by HRQX

[SusieQQQ 11,586]

51 minutes ago, SteveInBostonI130 said:

Techincally, a child born abroad to a US citizen parent is a US citizen at birth.  But, the child is not recognized as a US citizen until the CRBA is filed.  There is no law that states that CRBA has to be filed.  Therefore, the child can be an unrecognized US citizen.

 

I was born to a US citizen father out of wedlock.  But my parents decided against CRBA, for some reason.  I did not become a recognized US citizen until I was 11 years old, two years after we moved to the US, when I received the official certificate of citizenship, which backdated my citizenship to the day I was born.  I did not travel to the US on a US passport.

There’s nothing “technical” about it. Because your parents chose to hide your true nationality for ease of entering is not a reason for anyone else to follow incorrect advice.  In this particular instance (child will either be with dad or met by dad at airport) it will be very obvious to CBP that the child has a usc father and will obviously lead to questions on entry. Won’t be flying under the radar (accompanied by non usc parent) like you did. If the OP mother  here - not a USC - lies on the ESTA form for her daughter, the mother is committing an offense under US law that could prove very problematic for her down the line.

 

And again, your terminology is wrong. The certificate of citizenship does not “backdate” your citizenship. Read the N600 instructions. It is only to be used when someone is already a citizen. You were always a citizen. The N600 proved that by using the start date of your citizenship as your birth date.  The start date on my daughter’s one is the day I became a citizen, because that is when she automatically naturalized. She was a citizen from that day, regardless which or when I applied for any documents for her. 
 

 

Edited January 4, 2021 by SusieQQQ

[Mike E 11,739]

If she were an adult or a child traveling with a parent, I'd just advise her to fly on her Swedish passport and then upon landing in the USA, tell the border officer her story. Then get a US passport while staying in the US.

 

Sounds like the passenger isn't an adult and will be unaccompanied. That could end up in a mess upon landing, and so agree with others that she should get a US passport before attempting this.

[HRQX 4,145]

2 hours ago, Mike E said:

If she were an adult or a child traveling with a parent, I'd just advise her to fly on her Swedish passport and then upon landing in the USA, tell the border officer her story. Then get a US passport while staying in the US.

No. Even as an adult, the citizen would be lying on the ESTA application. So that's a no-go.

 

Even though adults are too old for CRBA, they can still apply for 1st US passport: https://nl.usembassy.gov/u-s-citizen-services/child-family-matters/claiming-citizenship-born-outside-united-states/

over the age of 18: Your U.S. citizen parent must be listed on your birth certificate. You should review the information concerning transmission requirements (PDF 162KB) to see if your parent(s) had the prerequisite physical presence in the United States required by U.S. citizenship law in effect at the time of your birth.  If, based on this information, you believe you have a claim to U.S. citizenship, please follow the instructions provided below.

[SusieQQQ 11,586]

Some posters here seem to be confusing “some people got away with this in the past” with “the appropriate, legally correct advice to give people asking what to do”.

 

Plus, terms of service.

 

 

Edited January 5, 2021 by SusieQQQ

[Mollie09 1,543]

12 hours ago, Mike E said:

If she were an adult or a child traveling with a parent, I'd just advise her to fly on her Swedish passport and then upon landing in the USA, tell the border officer her story. Then get a US passport while staying in the US.

 

Sounds like the passenger isn't an adult and will be unaccompanied. That could end up in a mess upon landing, and so agree with others that she should get a US passport before attempting this.

Getting a US passport without doing CRBA and with a foreign BC is not easy - a foreign BC is considered secondary evidence of citizenship, so you need more evidence.

[SusieQQQ 11,586]

24 minutes ago, Mollie09 said:

Getting a US passport without doing CRBA and with a foreign BC is not easy - a foreign BC is considered secondary evidence of citizenship, so you need more evidence.

Indeed. If getting the evidence is the problem, then it remains the problem. They need the same evidence, regardless whether it’s for CRBA or passport (or N600). From the passport instructions for proof of USC:

https://eforms.state.gov/Forms/ds11.pdf

APPLICANTS BORN OUTSIDE THE UNITED STATES: Submit a previous U.S. passport, Certificate of Naturalization, Certificate of Citizenship, Consular Report of Birth Abroad, or evidence described below:
- ....
- If you claim citizenship through birth abroad to at least one U.S. citizen parent: Submit a Consular Report of Birth (Form FS-240), Certification of Birth (Form DS-1350 or FS-545), or your foreign birth certificate (and official translation if the document is not in English), proof of U.S. citizenship of your parent, your parents' marriage certificate, and an affidavit showing all of your U.S. citizen parents' periods and places of residence/physical presence in the United States and abroad before your birth.
- ....
ADDITIONAL EVIDENCE: You must establish your citizenship to the satisfaction of the acceptance agent and Passport Services. We may ask you to provide additional evidence to establish your claim to U.S. citizenship. 

[Mike E 11,739]

2 hours ago, Mollie09 said:

Getting a US passport without doing CRBA and with a foreign BC is not easy - a foreign BC is considered secondary evidence of citizenship, so you need more evidence.

You need the evidence you would have needed to get a CRBA.

 

https://travel.state.gov/content/travel/en/passports/how-apply/citizenship-evidence.html says:

 

 

Quote

 

If you were born outside the United States and acquired U.S. citizenship through your U.S. citizen parent(s), please submit the following with your passport application:

• Your foreign birth certificate listing your parent(s)
• Your parent(s)’ evidence of U.S. citizenship
• Your parents' marriage certificate, if applicable
• A statement from your U.S. citizen parent(s) detailing all periods and places of their residence or physical presence in the United States and abroad before your birth.

 

•  

So assuming that web page isn't a mass of lies, it isn't impossible to get a US Passport without a CRBA.

 

Besides which, getting a CRBA today isn't easy either. It requires an appointment at a consulate and consulates aren't offering appointments for low priority things like CRBAs.

 

 

[Orangesapples 1,954]

51 minutes ago, Mike E said:

You need the evidence you would have needed to get a CRBA.

 

https://travel.state.gov/content/travel/en/passports/how-apply/citizenship-evidence.html says:

 

 

•  

So assuming that web page isn't a mass of lies, it isn't impossible to get a US Passport without a CRBA.

 

Besides which, getting a CRBA today isn't easy either. It requires an appointment at a consulate and consulates aren't offering appointments for low priority things like CRBAs.

 

 

Are services for US citizens low priority? 

[milimelo 4,477]

4 minutes ago, Orangesapples said:

Are services for US citizens low priority? 

Actually, they’re high priority. I did my infant’s tourist passport application in October and we had the passport in a month. Booked appointment for January then emailed with ACS to pick the date that worked for us. When I was picking up the passport the waiting room had at least five more families doing CRBAs and/or passports.