US citizen entering USA as non-citizen
Upvote:10
I'm answering this myself to summarize the discussion in comments, and because no-one else seems to have offered a clear answer.
Original question: Can the child enter the US on a British passport (when travelling with both parents)?
Yes, the child can enter the USA. There are two scenarios for this happening:
- The child enters as a British citizen, without additional questioning at the border.
- At the border, the parents are asked if the child is a US citizen, or are asked questions to ascertain the child's eligibility for a claim to citizenship. (That is, the mother's nationality and the residence history of the mother.) Once it is ascertained that the child is a US citizen, the parents are given a lecture that the child should be travelling on a US passport. Since the authorities are satisfied that the child is a US citizen, the child is free to enter the US. No fine is levied.
Under scenario 2 it's unclear whether the UK passport would be stamped, or if there are any consequences for the parents if they had (knowingly or unknowingly) made a false statement on the ESTA application.
Implicit question: Is this a good idea?
Probably not. Particularly in the long term, several commenters noted that US citizenship carries tax obligations, and by not recognizing one's citizenship, one could fall afoul of the tax obligations and unwittingly violate some law. The parents ought to get a US passport for their child
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Source: stackoverflow.com
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