Leaving the UK during lockdown

[MLforest 0]

I wanted to know whether it was possible to leave the UK to travel to America. I have been married to my husband for almost 3 years ow and were in the process of the visa (Just sending the documents). I'll be travel with 2 children (both are my husbands children) - Im pretty confident I can enter the US I just don't want to be sent away at heathrow because they dont see it as essential. 

TIA

[JPD91 49]

Yes you can travel, I traveled to the US on a ESTA (CR-1 in process) in mid January. 

 

You simply need a negative Covid test within 72 hours and documents showing you are indeed married to a US citizen.

 

Assume both children have a US passport?

[MLforest 0]

The older one does, the younger one doesn't. But will I be ok to show the youngest birth certificate?

[HRQX 4,145]

15 hours ago, MLforest said:

But will I be ok to show the youngest birth certificate?

No. The younger child would also need US passport: https://www.cbp.gov/sites/default/files/assets/documents/2019-Mar/2019 Carrier Information Guide - ENGLISH.pdf

[MLforest 0]

7 hours ago, HRQX said:

No. The younger child would also need US passport: https://www.cbp.gov/sites/default/files/assets/documents/2019-Mar/2019 Carrier Information Guide - ENGLISH.pdf

Am I reading this wrong then. I thought I could use his UK passport and show his birth certificate.?

[HRQX 4,145]

12 minutes ago, MLforest said:

Am I reading this wrong then.

That is the wrong section since you are not an LPR until you enter the US with the Immigrant Visa: https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2 "A person is generally considered an LPR at the time USCIS approves the applicant’s adjustment application or at the time the applicant is admitted into the United States with an immigrant visa."

 

The correct section is 1 page above. "U.S. CITIZENS — must provide one of the following: U.S. Passport; Emergency U.S. Passport"

Edited February 19, 2021 by HRQX

[Bug&Bug 147]

Travel for what?

 

Assuming you are in England travelling for holidays would not be allowed under the lockdown but if for the relocation to the USA or other essential and legal purposes it would be allowed. 

 

I dont know about the other countries.

[MLforest 0]

1 hour ago, Bug&Bug said:

Travel for what?

 

Assuming you are in England travelling for holidays would not be allowed under the lockdown but if for the relocation to the USA or other essential and legal purposes it would be allowed. 

 

I dont know about the other countries.

Yes Im in England. My husband lives in America so I would be going to him.

[MLforest 0]

1 hour ago, HRQX said:

That is the wrong section since you are not an LPR until you enter the US with the Immigrant Visa: https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2 "A person is generally considered an LPR at the time USCIS approves the applicant’s adjustment application or at the time the applicant is admitted into the United States with an immigrant visa."

 

The correct section is 1 page above. "U.S. CITIZENS — must provide one of the following: U.S. Passport; Emergency U.S. Passport"

Sorry if this seems like a silly question. But he was born in the UK is he classed a US citizen because his father is one? I thought I needed to have a Consular Report of Birth for him to be.

 

Also my oldest has travelled on an ESTA before he got his US passport - Is this because back hen we were able to roam as we pleased without any restrictions?

[Bug&Bug 147]

29 minutes ago, MLforest said:

Yes Im in England. My husband lives in America so I would be going to him.

Then you can go if you have a legally permitted reason.

Going to visit no, going to live there yes. 

 

https://www.gov.uk/guidance/travel-advice-novel-coronavirus?priority-taxon=774cee22-d896-44c1-a611-e3109cce8eae

[HRQX 4,145]

35 minutes ago, MLforest said:

Also my oldest has travelled on an ESTA before he got his US passport

Both of your children are US citizens since birth because US citizenship was automatically passed down (when they were born) from their father per the law. I'm assuming your older child's ESTA application had wrong info. Such as not disclosing the US nationality for the following question: "Are you now, a citizen or national of any other country? If yes, provide the Country of Citizenship / Nationality." US nationals are not eligible to receive an ESTA.

35 minutes ago, MLforest said:

I thought I needed to have a Consular Report of Birth for him to be.

The CRBA is just 1 document that provides proof of your child's US citizenship. Not having applied for it doesn't change the fact that your child is already a US citizen.

Edited February 19, 2021 by HRQX

[aaron2020 11,651]

1 hour ago, MLforest said:

Sorry if this seems like a silly question. But he was born in the UK is he classed a US citizen because his father is one? I thought I needed to have a Consular Report of Birth for him to be.

 

Also my oldest has travelled on an ESTA before he got his US passport - Is this because back hen we were able to roam as we pleased without any restrictions?

Both kids were born US citizens because their father was a US citizen when they were born and he met the 5 years physical presence to pass on US citizenship to kids born abroad.  The CRBA is just to document the birth of a US citizen born abroad and allows the US citizen to obtain a US passport.

 

US citizens are required to use US passports to enter the US.

 

The reason your eldest child was able to travel on ESTA is because you make the mistake of not knowing he was a US citizen at birth.  He wasn't penalize for that.  

 

----------

 

Here's the deal with COVID restrictions.

 

Your eldest child will be able to travel to the US because the child is a US citizen with a US passport.

 

You will be able to travel on ESTA to the US because you are married to a US citizen.  Bring a copy of your marriage certificate to prove your marriage and a copy of your spouse's US passport to show he's a US citizen.

 

Your youngest child MAY be able to travel on ESTA to the US with this birth certificate and a copy of his father's US passport.  HOWEVER, the airline may insist that he have a US passport.  This is where you potentially have a problem.  

[HRQX 4,145]

5 minutes ago, aaron2020 said:

HOWEVER, the airline may insist that he have a US passport.  This is where you potentially have a problem.  

OP should at least try to get an emergency US passport for the child, as suggested in OP's other thread:

 

[aaron2020 11,651]

3 minutes ago, HRQX said:

OP should at least try to get an emergency US passport for the child, as suggested in OP's other thread:

 

Agree.  The best course of action is a CRBA and US passport.

Up to OP if she can't wait for a US passport and wants to chance it with ESTA.  

The potential problem is whether the airline will let the youngest child board with ESTA.   If the child does get to board, it's unlikely that CBP would deny entry because the child lacks a US passport.  

Edited February 19, 2021 by aaron2020

[fishandcrisps 2]

I assume going to the US to VISIT a spouse is not going to be a valid  reason for the airline to allow you to travel. If you are moving there to live with your spouse then I assume that would be OK.

 

I want to travel to see my US spouse in April 2021. But with the lockdown rules i dont think I am allowed? I want to eventually live there with him so I am in the process of getting visa but i dont have the right to live in the US yet, unless it is granted when I stay there, otherwise i have to leave in 3 months (ESTA). I don't have any evidence that I have a right to stay otherwise. So i feel i'd be rejected!