# Can my child travel to the US using a UK passoprt?



## LondonResident (Sep 27, 2013)

I want to travel to the US with my family in the next couple of months. My newborn child recently received their British passport. Because I haven't been able to make an appointment at the US embassy to apply for a CRBA and passport, they don't yet have their US passport. Can they travel to the US using their UK passport?

The US embassy website suggest that this isn't possible because they have a claim to citizenship:



> U.S. citizens must enter and leave the United States on valid U.S. passports, even if they hold a passport from another country. If your U.S. passport has been lost or stolen, or if it has expired, you must apply to replace it before traveling to the United States.


However, I found a post on the Expatriates StackExchange site that makes it seem like it could be fine because their status hasn't yet been determined.

The tricky bit is that I have a another child (not even two years older) that did get their CRBA and US passport not too long ago so there really isn't any doubt the newborn is also a US citizen.

I'm sure a lot depends on the particular border agent that I'll meet but I imagine it will be hard travelling overseas with two very young children. I'm not too keen on having major delays or other issues at the border or when eventually applying for the CRBA.

Thanks!


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## Moulard (Feb 3, 2017)

According to the Department of State website...



> If you are currently overseas with a newborn and have an urgent need to travel or require proof of citizenship for your child, please contact the nearest U.S. embassy or consulate to apply for an emergency passport.


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


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## Slrois (Apr 8, 2021)

LondonResident said:


> I want to travel to the US with my family in the next couple of months. My newborn child recently received their British passport. Because I haven't been able to make an appointment at the US embassy to apply for a CRBA and passport, they don't yet have their US passport. Can they travel to the US using their UK passport?
> 
> The US embassy website suggest that this isn't possible because they have a claim to citizenship:
> 
> ...


Hello! I was just wondering if you found any answers to this. I’m in a similar situation with a baby due any day now and desperate to get back to the States around July to visit family as it’s been over a year now due to covid. I saw that you can apply for an emergency CRBA but not quite sure what constitutes as an emergency. Also, do you know exactly what documents are needed as proof of residence? I lived in the States from birth-25 when I moved to the U.K. Thank you in advance!


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## Moulard (Feb 3, 2017)

Slrois said:


> Also, do you know exactly what documents are needed as proof of residence? I lived in the States from birth-25 when I moved to the U.K. Thank you in advance!


This is what the US consulate in Melbourne has published regarding documentary evidence. I would assume that the advice would be identical if applying from the UK.

*Preferable:* 

Academic transcripts
Lifetime earnings statement from the Social Security Administration
Records of honorable U.S. military service, employment with U.S. Government or certain intergovernmental international organizations; or as a dependent, unmarried child and member of the household of a parent in such service or employment (except where indicated)
Wage and tax statements (W-2 statements preferred)
Employment records with actual work location and periods of work listed
 *Acceptable:*

Rental receipts showing address and duration of rental
Signed employer letter on company letterhead confirming employment at a site in the U.S.
Immunization records
U.S. passport stamps may be considered a part of the evidence submitted, but should not be the sole documentary evidence.
Driver’s licenses do not constitute evidence of physical presence, but can show residence.
A Consular Report of Birth Abroad (CRBA) issued to another child may be considered as supplemental evidence.
It is up to the consular officer to determine if the evidence presented fulfills the requirements for residency.







Eligibility for a CRBA


A U.S. citizen can transmit U.S. citizenship to a to a child born overseas if they meet the conditions laid out under the Immigration and Nationality Act.




au.usembassy.gov


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## Slrois (Apr 8, 2021)

Moulard said:


> This is what the US consulate in Melbourne has published regarding documentary evidence. I would assume that the advice would be identical if applying from the UK.
> 
> *Preferable:*
> 
> ...


Thank you! This is really helpful. Do you know if they want documents for most years you lived in the US or is it just 5 years worth, some of which are past the age of 14? Thanks again!


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## LondonResident (Sep 27, 2013)

Slrois said:


> Hello! I was just wondering if you found any answers to this. I’m in a similar situation with a baby due any day now and desperate to get back to the States around July to visit family as it’s been over a year now due to covid. I saw that you can apply for an emergency CRBA but not quite sure what constitutes as an emergency. Also, do you know exactly what documents are needed as proof of residence? I lived in the States from birth-25 when I moved to the U.K. Thank you in advance!


Hello! I was actually able to get an appointment so my son got his passport. I think I checked at 5 or 6am on a Monday and was able to get in the next day.

I think the level of documentation they check depends on the caseworker. I had my American university send me a transcript and my mother brought over a bunch of documents she saved from my elementary schoolyears. For my elder son, I think the caseworker checked my transcript and didn't need to see anything else. For the second, I don't think they checked anything but we also had our eldest with us who got his CRBA the year before so it was a bit obvious.


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## Moulard (Feb 3, 2017)

Slrois said:


> Thank you! This is really helpful. Do you know if they want documents for most years you lived in the US or is it just 5 years worth, some of which are past the age of 14? Thanks again!


Remember the role of the consular officer is simply to confirm that you are able to transmit citizenship, not to understand your whole life history.

I would assume that all you need is enough to prove that you were lived in the US long enough and within the right ages to transmit citizenship by descent - anything that is prima facie evidence that you were physically in the US for the dates on the documents you provide

I gather it can be complicated, particularly if it is line-ball in terms of duration and age if you were bouncing in and out of the US on a regular basis, but if you were living in the US continuously for the requisite period it should be relatively straight forward. But this is more likely to be an issue for those in Canada and Mexico who can cross the US border with ease, and can at times have difficulty proving the time in the US for long enough.


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