Greencard holder outside of USA 26 months due to Covid, wants to return

[Boiler 45,557]

7 minutes ago, Skyman said:

The child is a Brit and not a USC. She is only eligible to be a USC but is not recognized as one until a CRBA is approved.  Ergo, if Brits are allowed in the US, both the husband and child can go British passports. His GC should still be good though he may to give some letter of explanation for the long departure.  If immigration denies him entry on the GC, he should still be ok on his British passport. 

She is a US Citizen

 

US Citizens are obligated to enter the US on their US Passport.

 

The simplest way to get a US Passport is to file a CRBA and use that to get a US Passport

 

QED

 

PoE can not refuse entry to Permanent Residents but that is a much bigger discussion.

[Skyman 323]

9 minutes ago, Boiler said:

She is a US Citizen

 

US Citizens are obligated to enter the US on their US Passport.

 

The simplest way to get a US Passport is to file a CRBA and use that to get a US Passport

 

QED

 

PoE can not refuse entry to Permanent Residents but that is a much bigger discussion.

She was born in the UK so she isn't a USC until it's proven through the CRBA process. She is only eligible for citizenship.  There is no problem with her traveling on a UK passport.

 

Only USC are eligible for a US passport and she is not.

Edited January 29, 2022 by Skyman

[Boiler 45,557]

Learn more about the CRBA
The Department only issues CRBAs to children born abroad who acquired U.S. citizenship or nationality at birth and, in general, are under the age of 18 at the time of the application.

 

https://travel.state.gov/content/travel/en/international-travel/while-abroad/birth-abroad.html

[aaron2020 11,651]

3 hours ago, Skyman said:

She was born in the UK so she isn't a USC until it's proven through the CRBA process. She is only eligible for citizenship.  There is no problem with her traveling on a UK passport.

 

Only USC are eligible for a US passport and she is not.

Absolutely freakin wrong.

 

The child automatically became a US citizen at birth.  The CRBA is to document the birth of a US citizen abroad.  

Child needs a US passport to enter the US.  

[Skyman 323]

Believe what you want. 

[IKENGA74 0]

Like was previously advised. Book a flight to Toronto from London. Rent a car and drive into the US to Buffalo. Drop off the car at the Buffalo Niagara Airport. Catch another flight to your home state. It's that simple. Don't abandon the Green Card 

[STO Overland 137]

Interested in the outcome. Pity the OP hasn't visited the site since December

Edited February 7, 2022 by B52Boozer

[Okalian 41]

On 1/29/2022 at 6:27 AM, aaron2020 said:

Absolutely freakin wrong.

 

The child automatically became a US citizen at birth.  The CRBA is to document the birth of a US citizen abroad.  

Child needs a US passport to enter the US.  

You're absolutely right. The CRBA is needed only for the purpose of documentation, which consequently is required to issue a US passport. This is like being born in the US. A US birth certificate isn't required to obtain US citizenship, it simply documents it. Birth certificate for those born stateside, CRBA for those born abroad. The eligibility of US citizenship is confirmed at a CRBA interview for verification. Citizenship is acquired at birth and documented - only documented -  based on proof of US citizen parent(s).

 

I'm not sure if @Skyman saw the link posted by @Boiler, which literally says in the first paragraph "If you are a U.S. citizen (or non-citizen national) and have a child overseas, you should report their birth at the nearest U.S embassy or consulate as soon as possible so that a Consular Report of Birth Abroad (CRBA) can be issued as an official record of the child’s claim to U.S. citizenship or nationality."

[Don Godwin 225]

On 12/8/2021 at 10:23 AM, Eastereggsrock said:

My husband got his greencard in Jan 2018. He is a UK citizen, I am the American. We have been in the UK since OCT 2019, we planned to return in March of 2020 but.... well we were stuck here. I had a baby in Feb 2020. We haven't been able to get her birth certified at the Embassy in London or even apply for a returning visa. The Embassy was shut and now has extremely limited appts. We didn't plan on being here this long. We want to return but aren't sure about being allowed back. Thoughts and experiences are helpful. 

FILE A RE-ENTRY PERMIT ASAP i-131 https://www.uscis.gov/i-131

[Chancy 6,241]

10 hours ago, Don Godwin said:

FILE A RE-ENTRY PERMIT ASAP i-131 https://www.uscis.gov/i-131

 

Cannot apply for a re-entry permit from outside the US.  The I-131 instructions explicitly state -- "You must be physically present in the United States when you file the Reentry Permit application and complete the biometrics services requirement."

 

[Don Godwin 225]

2 hours ago, Chancy said:

 

Cannot apply for a re-entry permit from outside the US.  The I-131 instructions explicitly state -- "You must be physically present in the United States when you file the Reentry Permit application and complete the biometrics services requirement."

 

right they could've file for that before leaving the U.S

[amooni 16]

On 12/8/2021 at 9:51 PM, Eastereggsrock said:

Yes absolutely, which is why we are here. 

Why aren't you able to get the child a consular certificate of birth abroad? Here are the instructions for the UK: https://uk.usembassy.gov/u-s-citizen-services/citizenship/consular-report-of-birth-abroad-crba-and-first-u-s-passport/ there seems to be an option for emergency appointments. Also, I just checked under emergency appointments and there's a justification that says "Status: I applied for a U.S. passport more than 4 weeks ago or my child's CRBA & first passport more than 5 weeks ago and I have not received it. (If additional information or documentation was required, please count from the date you submitted the additional items)." So it seems like you should be able to get a CRBA and passport rather quickly or raise an emergency appointment request: https://uk.usembassy.gov/u-s-citizen-services/contact-passport-unit/passport-enquiries-form/

Edited April 17, 2022 by amooni
Adding info

[dasha 0]

On 12/8/2021 at 1:44 PM, Eastereggsrock said:

I am most concerned with my husband's long absence from the USA and being allowed back into the country and not losing his lpr status. We want to be back ASAP.

I'm seeing this thread rather late, so maybe you've resolved your issue by now. Hope so, but in case not...

Just our experience: My Turkish husband, who had a 10-year green card, was out of the US longer than 1 year a couple of times, for family reasons...but not for any of the really, really good reasons you have (esp Covid). He had to schedule an interview at the US embassy in Ankara both times to get the OK to return, and they gave him some sort of official re-entry permit slip to hand to Customs along with his Turkish passport and US green card when he returned.