Do I have to apply for a US passport for my child?

Hi folks - looking for some advice on passports/citizenship for my first child.

I’m a US citizen in the UK for 10 years now on ILR (I’ve not applied for citizenship yet). My husband is a UK citizen only.
We’ve just had our first child born in the UK and applied for her British passport. We’re planning to travel to USA in March and i expected she would just travel on her UK passport.

I’ve since read online about the CBRA and that as a US citizen, she will need to travel in and out of the states on a US passport. I wasn’t planning to even apply for a US passport for her at this point in time as I can’t see any reason / benefit and I’m seriously wary about the lifelong tax burden it imposes upon her unnecessarily! (Absolutely zero plans to ever go back to living in the states…)

So my question is - do I have to apply for a US passport for her? Are there any consequences to traveling on her UK passport? (Will we be denied entry etc)
Any experience or advice is greatly appreciated as always!

I could be wrong here, but your daughter being a US citizen, regardless of if she has a passport or not, ties her to a lifetime of dealing with the IRS. I would assume that there will be a time in the future when she won't be able to fly under the radar, so to speak, in the UK any longer and she'll either have to do business with them or pay them to renounce citizenship.

On the law about US citizens traveling on US passports in and out of the US -  yes, it's the law. But there are actually no legal consequences at this time that I've ever seen or heard about.

It feels extremely intrusive and odd that a child who will likely never live in a country could have such ties!!

Just to clarify, I’ve not done a CBRA to notify them of her existence / right to citizenship - I guess I’m wondering if I HAVE to do this or is it fine to leave it and deal with it in the future if / when she wants a US passport for herself?

It feels extremely intrusive and odd that a child who will likely never live in a country could have such ties!!

Just to clarify, I’ve not done a CBRA to notify them of her existence / right to citizenship - I guess I’m wondering if I HAVE to do this or is it fine to leave it and deal with it in the future if / when she wants a US passport for herself?

I agree - it's ridiculous. And as things are going, it's likely to get even more ridiculous at some point in the future. But for now:

What I am reading says "CAN" apply, not "MUST" apply for documentation of status. [Bolding is mine in the following.]  "A person born outside the United States who acquires U.S. citizenship at birth is not required to have evidence of such status. However, if the person seeks documentation of U.S. citizenship status, the person may file an Application for Certificate of Citizenship (Form N-600) with USCIS.[48]  The Secretary of Homeland Security has jurisdiction over the administration and enforcement of the Immigration and Nationality Act (INA) within the United States, and the Secretary of State has jurisdiction over claims of U.S. citizenship made by persons who are abroad.[49] Therefore, generally, an Application for Certificate of Citizenship is submitted by persons who claim U.S. citizenship and are present within the United States. However, USCIS accepts a Form N-600 filed by a person who does not live in the United States, but USCIS does not adjudicate the application on the merits until the person is present in the United States in order to ensure that USCIS has jurisdiction over the application.[50]  A person who is at least 18 years of age may submit the Application for Certificate of Citizenship on their own behalf. A parent or a legal guardian may submit the application for a child who has not reached 18 years of age.  USCIS issues proof of U.S. citizenship in the form of a Certificate of Citizenship if the Application for Certificate of Citizenship is approved and the person takes the Oath of Allegiance, if required to do so.  USCIS does not mail Certificates of Citizenship outside the United States except when a military member is issued a Certificate of Citizenship under INA 320[51] or a military member’s dependent child naturalizes under INA 322(d)."


It looks like when she's sixteen she can renounce and close things with the IRS, but there's nothing you can do for her. https://1040abroad.com/blog/relief-procedures-for-certain-former-citizens/

More fun reading -  https://www.forbes.com/sites/virginialatorrejeker/2024/04/09/beyond-borders-the-surprising-tax-dilemma-of-accidental-americans/


But seriously, I'm not a lawyer. I am not an expert. If it were me in this situation, I'd fly the baby on her British passport - the airlines won't know, US Immigration won't know.... and deal with any fallout later. If there was any fallout. If our legal system goes completely bonkers - and I'm not going to say it won't go full fascist mode at some point - that's the chance you'd be taking. If, in the unlikely world of long lines and understaffed immigration portals, an officer notices her passport is UK and yours is USA and asks... again, this is an "if it were me" thing... I'd just say we hadn't had time to register her yet. Alternately, and more likely, I'd send her through with her dad and then come through the line a bit later.  Or use a different line.  [This is assuming, of course, that anything I just stated is not illegal.]

But that's just me. 

I have two children, one born in US, so automatically given US citizenship. We moved to the UK when she was 2 (now 16). Second child was born in 2015 and we have not registered him as a US citizen. My understanding of citizenship is his case is that he can apply for it, based on me being American, but he is not automatically given it.
We have travelled to the US, with me and the first child on US passports and my wife and second child on British passports. This wasn't an issue at all in immigration/passport check. All 4 of us have British passports, but of course if you have an American passport you have to use it to enter the US.
There is no reason why you would have issues with your child entering the US with you, although they might ask more questions if the other parent isn't travelling with you.
We have no intention of getting US citizenship for my son, due to the bank account reporting requirements of the US and the tax reporting over-reach. I don't see any advantage to getting a US passport for him in addition to the British one.

Just a head's up, beggse, that if you are eligible to pass on your citizenship (five years residence within the US, two of which must be after the age of 14) then your second child is likely a US citizen regardless of your registering their birth abroad or getting them a passport.  It may not ever become an issue but it also might cause some issues down the line once they are an adult.

More details about citizenship by descent can be found here: https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html

edit: weblink

It is interesting the nuisance in the wording on the state department's site where it says "At least two of these years must be after the child turned age 14. "

I read this as the child being my child must have spent two years in the US after age 14, during part of the 5 years I had to be in the US. Seems odd reading it this way though. If my reading is correct, based on 1 US parent and 1 foreign national parent, then my son wouldn't qualify for citizenship.

It would seem to make more sense that the two years after 14 would apply to me as part of the 5 year requirement.



A child born on or after November 14, 1986 will obtain citizenship if:

The U.S. citizen parent was physically present in the United States or its territories for five years before the child’s birth. At least two of these years must be after the child turned age 14. 

It is interesting the nuisance in the wording on the state department's site where it says "At least two of these years must be after the child turned age 14. "

I read this as the child being my child must have spent two years in the US after age 14, during part of the 5 years I had to be in the US. Seems odd reading it this way though. If my reading is correct, based on 1 US parent and 1 foreign national parent, then my son wouldn't qualify for citizenship.

It would seem to make more sense that the two years after 14 would apply to me as part of the 5 year requirement.



A child born on or after November 14, 1986 will obtain citizenship if:

The U.S. citizen parent was physically present in the United States or its territories for five years before the child’s birth. At least two of these years must be after the child turned age 14.

Yeah, that's badly-worded. It means that the US citizen parent must have spent at least 2 of the 5 years in the US after the age of 14... which therefore means that your son has been a US citizen since birth.

Section 301 of the Immigration and Nationality Act phrases it more clearly:

§1401. Nationals and citizens of United States at birth
The following shall be nationals and citizens of the United States at birth:
.
.
(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years:

Thanks for that detail. I was completely wrong about what I thought I knew.

When I got my kid's American passport, I was given a very severe lecture about how illegal it is to enter the US on a foreign passport.  They gave me the impression that they take it very seriously. 

I'm also not sure about the idea that no one will know.  When you come into the US, the border guard will immediately see that the baby is yours and you are an American citizen, and the baby is an American citizen as well.  The border guards see this everyday and will be looking out for exactly this situation. 

I'd be concerned about this, it could be big trouble.  The border guards do not mess around.