US Citizen Child into the US on ESTA

[adzgem 0]

Hi all, 

 

This is my first time posting here so please be easy with me. I hope this is the right place to pose my questions. I'll try and be as brief as possible:

 

- I am a US citizen, got married to my husband in the UK a few years back, and have been living there since with him, and we have visited the US multiple times. 

- We had 2 children in the UK but I never got them CRBA stuff because I didn't hear of it till now, and every time we visited the US we would get the 3 of them ESTA's and we've had no issues. 

- We are currently in the US, and had plans to go back to the UK, but my husband lost his job while in the US. So I applied for a few jobs to cover costs, turns out I've missed working after being a stay-at-home mum, which is quite nice, the children have loved being with their family and cousins now that they are older so after a few tough talks, we've decided to stay in the US and apply for my husband's green card.

I have read up quite extensively on this channel and found a lot of good information, basically applying for AOS and all the relevant forms (I-130 and I-485) and filing concurrently not worrying about 90-day rule (as it is not applicable to us) and applying in the next few weeks. (I hope this is the right method)

- with my new salary, he would be ok to be out of work for the 6-8 months until his right-to-work stuff comes through. 

- I'm bringing up my husband's status into this in case anyone has any help or advice for me as well.

 

However, my main point of concern are my children. 

 

I need to get their US passports, does not having CRBA cause any issues? I am applying for their passports using the form and including their UK birth certificates and all the places that i have been to prove the 5 years. My appointment is on Monday at the Library. 

 

And while we are here, not being able to go back for a while (due to my husband's green card application and work) would:

- I need some form of US-based (birth certificate) and how would I obtain such a thing here without paying for the N-600, or would a US passport suffice in future for things like SSN? 

- their passports being issued before the ESTA expires, be an issue, would they be out of status and if so would there be anything I should do to notify authorities so I'm not chased by ICE (so to speak)

 

Thanks again, any help or advice will be greatly appreciated!

[Boiler 46,122]

US citizens can’t be out of status

 

They are not eligible for ESTA/VWP either.

 

I would have a joint sponsor to hand just in case.

[Dashinka 24,800]

You should be fine applying for their U.S. Passports with their UK birth certificates and proof of your U.S. citizenship (presumably your U.S. based birth certificate).

 

Good Luck!