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Topic: CRBA General Queries  (Read 666 times)

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CRBA General Queries
« on: July 21, 2022, 04:50:40 PM »
Hello, my daughter was born over a year ago, but I have not done the CRBA.  I looked into it briefly, but had a few general questions about it.
Is there a deadline when you can apply for it?  Or an age when you cannot apply for it after?  What are the benefits? Are there any cons? 

I was doing my Indefinite Leave to Remain over 21/22 and couldn't bring myself to start another process....

Opinions and experiences are appreciated. Thanks!


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Re: CRBA General Queries
« Reply #1 on: August 04, 2022, 04:50:02 PM »
You have to apply for it by the time your child is 18 or before you wish to travel to the US. As your child is a US citizen, they have to enter the US on a US passport.
However, it is not a taxing/complicated/stressful process. You just need to gather the required documentation that proves you are eligible to pass on your US citizenship (I used my high school and college transcripts), a few other documents (child's birth certificate, my US passport, wife's UK passport, and our marriage certificate), went to the embassy appointment, handed over my documents and all of the application forms (crba,passport, and SSN) paid the fees, had a coffee and then my wife and I took an oath for the little man. 3 weeks later, CRBA and passport in hand, and about 10 weeks later his SSN.
Embassy staff were really nice, and even renewed my US passport while I was there. Once you have all your documents, join the telegram group (there is a link somewhere) to be notified when appointments become available as they are randomly released.


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Re: CRBA General Queries
« Reply #2 on: August 17, 2022, 04:43:17 PM »
Thank you!! This is all really helpful. 

My daughter has already been to the states (twice) on her British Passport, does this matter?  I thought she could hold both a British and an American passport since I am American, but her dad is British?  Or am I wrong?


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CRBA General Queries
« Reply #3 on: August 17, 2022, 04:49:52 PM »
Thank you!! This is all really helpful. 

My daughter has already been to the states (twice) on her British Passport, does this matter?  I thought she could hold both a British and an American passport since I am American, but her dad is British?  Or am I wrong?
She can hold both passports, however the US government will not recognise a US citizen as anything other than American… so in their eyes she is a US citizen, and a US citizen only, and they will not acknowledge that she also holds UK citizenship.

And since it is illegal for a US citizen to enter or leave the US on a foreign passport, she must ALWAYS enter and leave the US on a US passport, even if she also holds a UK passport.

In practice, what this means is that for travelling between the UK and US:
- she books flights and checks in using her US passport
- she enters the US using her US passport
- she leaves the US using her US passport
- she uses her UK passport to go through immigration when she arrives back in the UK


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Re: CRBA General Queries
« Reply #4 on: August 17, 2022, 05:09:20 PM »
https://www.law.cornell.edu/uscode/text/8/1185

On the good side, although illegal for a US citizen to enter or leave the USA on a foreign passport, there doesn't seem to be any actual consequences written into the law.  Actually, it just reads that you have to HAVE a US passport to enter or leave the USA if you are a US citizen.  ;D   Apparently the penalty provisions of the original law (which has been reworked a few times) were deleted in 1978 (1976? 1979?) and there currently are no penalties. It's one of those left-over-from-the-cold-war things, I think.

Technically, a USC citizen has the right to enter the USA without any paperwork at all, but you'd have to be persuasive at border control. And you'd have to get there and it's a long swim from the UK. (Not so far from Mexico or Canada, though.)  8)

An interesting article on the whole mess is here - https://isaacbrocksociety.ca/2013/05/01/the-history-of-the-requirement-that-u-s-citizens-only-use-u-s-passports-to-enter-the-u-s/


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Re: CRBA General Queries
« Reply #5 on: August 17, 2022, 07:57:45 PM »
My daughter has already been to the states (twice) on her British Passport, does this matter?
I wouldn't mention that at the embassy unless you enjoy sanctimonious lectures.   


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