Traveling with baby on UK passport - HELP!

This is my first post ever and I'm about to have a serious meltdown.

I am an American citizen and live in the UK with my English husband.

Our baby is 5 months old and currently has his British passport only.

I was just on the US Embassy website to  have a reminder of how to apply for US citizenship for the baby as well as the forms, etc. for getting his US passport.

Now here's my problem: we are going on holiday end of June for 17 days to America. I have just read (I know, I feel so stupid but I didn't think there'd be a problem) that by law if a child has claim to US citizenship they HAVE to enter/depart the US on a US passport only!!! I am so confused by this - is this seriously saying I can't travel with him on his British passport? I haven't applied for his CRBA yet and I just assumed (again, I know I'm an a**) that since I have until he's 18 that it's ok.

I feel sick at the thought of this screwing up our holiday. What would happen if he goes in on his British passport? Does this somehow mean he'll never be able to have US citizenship or something?! I just seriously do  not know what to do and I am so mad at myself but I feel like it's not explained 100% by the website!

If anyone can offer any help I will be very grateful!

Thank you!

Our baby is 5 months old and currently has his British passport only.

I was just on the US Embassy website to  have a reminder of how to apply for US citizenship for the baby as well as the forms, etc. for getting his US passport.

You don't need to apply for US citizenship for the baby - they are automatically a US citizen at birth because you are a US citizen, regardless of whether you have filed the CRBA.

All you need to do is register the birth with the US embassy and apply for the baby's US passport.

Now here's my problem: we are going on holiday end of June for 17 days to America. I have just read (I know, I feel so stupid but I didn't think there'd be a problem) that by law if a child has claim to US citizenship they HAVE to enter/depart the US on a US passport only!!! I am so confused by this - is this seriously saying I can't travel with him on his British passport? I haven't applied for his CRBA yet and I just assumed (again, I know I'm an a**) that since I have until he's 18 that it's ok.

It is illegal for a US citizen to enter the US on a foreign passport - your child is a US citizen, therefore they must enter and leave the US on a US passport.

I feel sick at the thought of this screwing up our holiday. What would happen if he goes in on his British passport? Does this somehow mean he'll never be able to have US citizenship or something?!

No, your baby is already a US citizen and nothing will change that.

What it means is that if US immigration realise he is a US citizen trying to enter the US on a UK passport, they can refuse to allow him to enter the US and in that case you would likely have to return to the UK with him.

I would suggest getting the CRBA and US passport application appointment done ASAP and hope you have time to get it before your holiday.

However, looking at the US Embassy London website, it looks like the next available appointment for the CRBA and first passport application is on June 22nd and then it's about a 5-week wait for the passport after that.

Alternatively, the Edinburgh consulate has appointments available from June 10th (but you have to mail documents to them 7 days in advance), and the Belfast consulate has a couple of appointments available from the 4th onwards.

You will likely be okay and may receive a lecture from the Immigration Officer.  There is a risk that your son will not be allowed entry but that's unlikely.

Definitely register his birth and get his passport ASAP. 

Thank you both for your replies.

Obviously I don't want to run the risk of being turned away - I haven't been home for almost a year and I don't want to ruin it.

My husband went through the appointment system and found one in London on the 12th for the CRBA (we live in Oxfordshire) so I think we will book that (well, we have to!)

I was pretty sure that yes, he's a citizen because I'm a citizen but I had no idea about the CRBA or about the law requiring US citizens to enter on a US passport. I just wish I had looked at this earlier and I should have known better as I have had multiple problems with visa/passport issues in the past.

Thanks again for your help.

Sorry u r stressed hope it all goes well. My daughter will be 5 soon and we will prob renew her U.S. Passport even though I don't have plans to travel soon. In case there is an emergency where we need to stay in the U.S. Then we don't have to worry about visas etc. take care

What it means is that if US immigration realise he is a US citizen trying to enter the US on a UK passport, they can refuse to allow him to enter the US and in that case you would likely have to return to the UK with him.

I would suggest getting the CRBA and US passport application appointment done ASAP and hope you have time to get it before your holiday.

However, looking at the US Embassy London website, it looks like the next available appointment for the CRBA and first passport application is on June 22nd and then it's about a 5-week wait for the passport after that.

Alternatively, the Edinburgh consulate has appointments available from June 10th (but you have to mail documents to them 7 days in advance), and the Belfast consulate has a couple of appointments available from the 4th onwards.

Can they though really?  I've often wondered this, obviously you're right, the law states you must enter the US on a US passport (by air) but can they actually say "you're a US citizen, you don't have a passport so you can't come in"?  I'd suspect you can't really refuse entry to a citizen and by saying that they need a passport you're acknowledging the child as a citizen!!

I wouldn't take the risk if I had a choice, but I'd suspect they'd gain entry, either after nobody noticing, or a telling off.

One more thing, whereabouts in the US are you going, if it's near Canada, then is it possible you could change your flight to Canada and drive over, that way you'd only need a consular report of overseas birth (or whatever it's called) and you wouldn't have to worry about getting the passport in time.

Can they though really?  I've often wondered this, obviously you're right, the law states you must enter the US on a US passport (by air) but can they actually say "you're a US citizen, you don't have a passport so you can't come in"?  I'd suspect you can't really refuse entry to a citizen and by saying that they need a passport you're acknowledging the child as a citizen!!

I wouldn't take the risk if I had a choice, but I'd suspect they'd gain entry, either after nobody noticing, or a telling off.

They really can.  It does happen (Boris Johnson is a very high profile example).  It's pretty rare with kids but there have been a few people with issues over on the expat Facebook page.  I personally could never risk it!

They really can.  It does happen (Boris Johnson is a very high profile example).  It's pretty rare with kids but there have been a few people with issues over on the expat Facebook page.  I personally could never risk it!

Boris Johnson was not denied entry into the USA.  He had issues boarding the flight as his place of birth was New York.

I suspect it would have been a different story had he made it to immigration.  I wouldn't risk it if I had a choice, but if I had made a mistake and didn't have time to rectify it then I'd do it.

I dare bet that they can't refuse an American access to the USA simply for being American.  Is there a single documented case of this happening ever?  If they can prove you're american, they have to let you in, if they can't, then they can't really turn you away for being american. 

See Article 12, Section 4: "No one shall be arbitrarily deprived of the right to enter his own country."

I wouldn't take the risk personally, but if I had no choice, of course.