Q: Can my 18 month old son who is born in the US re enter the US permanently on a UK passport using ESTA?
My son is 18 months old, born in NY and lives there with his Mom who is a US citizen. I am a UK citizen living in the Caribbean and I was able to obtain a British passport for my son. It was easier to get the UK passport as both Mom and Dad are required to sign for the US passport and that has been not possible for logistic reasons. We have agreed for my son to travel outside of the US on a short vacation on his UK passport. Will he have a problem getting back into the US? I have his birth certificate and his passport indicates he was born in NY.
A: He certainly should be able to reenter the US on a UK passport, and since he was born in the US, he’s a citizen and can live there. We assume that you will be traveling with him, and we recommend that do what is necessary to help him get a US passport while you are in the country or, alternatively, you can sign a form called a Statement of Consent (DS-3053) which would provide your permission for your son’s mother to obtain your son’s passport on his behalf without you actually being present.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
