# My daughter re-entering the US on British Passport



## Mrburrito (Feb 6, 2010)

Hi,

Hoping someone can help. 

My wife(US citizen), daughter(US citizen but only has a UK passport) and I(UK citizen and permanent resident) live in NY and are hoping to make a trip to see my family in Scotland in September now that Scotland allows US vaccinated to enter without quarantine. Will my daughter be OK with re-entering US with her UK passport? We delayed getting her US passport as we weren't wanting in person passport visits. 

Thanks


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## Moulard (Feb 3, 2017)

Does she have an expired US passport? Dept of State has relaxed requirements in light of current circumstances...



> If you are overseas and your U.S. passport expired on or after January 1, 2020, you may be able to use your expired passport to return directly to the United States until December 31, 2021.
> 
> You qualify for this exception if all the following are true:
> 
> ...


If she needs a new passport, then that process won't work, and I believe the Edinburgh Consulate is only offering emergency appointments.. 

If you need to apply for a passport and you have imminent confirmed travel (within the next three weeks), you can email [email protected] (give you explaining your circumstances for advice. 

Finally,

Not advised given the options above, its worth noting that a US border official examining someone entering the country cannot refuse entry to someone once they have determined that the person is a US Citizen. The only option they have is to waive the passport requirement. But she would have to prove to them she is a US Citizen and it will significantly slow entry into the US.


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## Mrburrito (Feb 6, 2010)

Moulard said:


> Does she have an expired US passport? Dept of State has relaxed requirements in light of current circumstances...


No, she's only 11 months old and we just haven't got around to it to even getting her first US passport. We got her British passport as it was all online and so much easier.

Our travel isn't for 5 weeks so hopefully time if we go the Edinburgh consulate route. Would she even be allowed to leave the US on a British passport given she's a US citizen?

Appreciate your input, thanks,


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## Moulard (Feb 3, 2017)

Mrburrito said:


> Would she even be allowed to leave the US on a British passport given she's a US citizen?


Officially, once in the US you would have to obtain a US Passport for her before leaving the US to return to the UK.


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## Crawford (Jan 23, 2011)

Your daughter, as a US citizen*, MUST enter* the US on her US passport.......

*U.S. nationals, including dual nationals, must use a U.S. passport to enter and leave the United States. *_Dual nationals may also be required by the foreign country to use its passport to enter and leave that country. Use of the foreign passport to travel to or from a country other than the United States is not inconsistent with U.S. law._


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## Crawford (Jan 23, 2011)

Mrburrito said:


> No, she's only 11 months old and we just haven't got around to it to even getting her first US passport. We got her British passport as it was all online and so much easier.
> 
> Our travel isn't for 5 weeks so hopefully time if we go the Edinburgh consulate route. Would she even be allowed to leave the US on a British passport given she's a US citizen?
> 
> Appreciate your input, thanks,


Think about it.... if you are in the UK and daughter does not get her US passport, then she falls under the rule that anyone travelling to the US who is not a US citizen must get an ESTA - but your daughter IS a US citizen and does not qualify for an ESTA ..... the difficulties just keep compounding......


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## Moulard (Feb 3, 2017)

Crawford said:


> Your daughter, as a US citizen*, MUST enter* the US on her US passport.......


... or a Passport waiver....

Customs and Border Patrol *CANNOT *refuse admittance to someone they determine is a US Citizen. All they can do is "advise the individual of the necessity of having a valid U.S. passport" and then waive the passport requirement. 

Am I recommending rocking up at a port of entry with a CRBA in one hand and an ESTA in the other.. no... Am I recommending rocking up at a port of entry with all the documentation required to get a CRBA... hell no.

Without travelling down to London and trying to get an appointment there, all the OP can do is monitor for changes to what Edinburgh will support, and if necessary apply for emergency travel documents when travel is imminent.


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## Crawford (Jan 23, 2011)

The daughter cannot get an ESTA as she is a US citizen.....so I doubt whether she is even going to get on the plane.


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## Bevdeforges (Nov 16, 2007)

Getting your daughter a first passport is going to require an in-person visit to the embassy/consulate - which they don't seem to be doing at the moment. See here for the Edinburgh statement on the issue: US Citizen services available at US Consulate Edinburgh 
While the London embassy is renewing (very limited) passport appointments, you really don't want to make the journey down to London unless you can get an appointment in the first place, and given the notion that your situation may well not be considered "emergency travel" as it is. (And you may well run into problems getting a first passport for an infant without being eligible for the consular report of birth abroad at the same time.) 








Passport Services


U.S. citizens are required to enter and exit the United States using a U.S. passport. For passport entry requirements into the UK and other countries,




uk.usembassy.gov




This is really one of those situations where it might be wise to postpone this trip for a few months until the situation has settled a bit.


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## Mrburrito (Feb 6, 2010)

Bevdeforges said:


> Getting your daughter a first passport is going to require an in-person visit to the embassy/consulate - which they don't seem to be doing at the moment. See here for the Edinburgh statement on the issue: US Citizen services available at US Consulate Edinburgh
> While the London embassy is renewing (very limited) passport appointments, you really don't want to make the journey down to London unless you can get an appointment in the first place, and given the notion that your situation may well not be considered "emergency travel" as it is. (And you may well run into problems getting a first passport for an infant without being eligible for the consular report of birth abroad at the same time.)
> 
> 
> ...


I live in New York, we're not in the UK. So we'd be applying for a passport here and not in Edinburgh or UK.

Thanks


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## Bevdeforges (Nov 16, 2007)

Oops, as you can tell, we're getting a few queries on matters like this lately and I'm having difficulty keeping people's locations straight.

OK, even in the US a child's first passport requires an in-person appearance, with both parents - at least according to the State Department website.
Children Under 16
It's the wait times that may be a problem - the latest processing time is something like 6 weeks + and some sites are saying more like 8 to 12 weeks. That's cutting things pretty close for a September trip. But check what the delays are at a local passport facility in your area.


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## Mrburrito (Feb 6, 2010)

Applied for daughters passport today in New York with expedited processing. Averages 10 weeks + but some apparently receive there's in 3/4 weeks. Time to cross our fingers!

Still can't believe i thought she could travel back and forth on her British passport/US birth certificate being a US citizen. That'll teach me to better understand the rules going forward.

Thanks for all your input. Much appreciated.


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