US citizenship for an Australian dual-national while on 90 day visa in America?

US citizenship for an Australian dual-national while on 90 day visa in America? - Bengal lights and tiny bombs on American Flag

I am American citizen. My daughter will be in America with me on the 90-day visa waiver program. During that time she will be receiving her Consular Report of Birth Abroad and her US passport in the mail to our Australian addresss/home.

Can she go into customs and show them her us passport and consular birth abroad and then be declared a US citizen, so she does not have to fly back to Australia just to come back through customs again and show them her US passport and consular birth abroad?



Best Answer

Since you're making a consular record of birth abroad, presumably your daughter was a US citizen at birth. She can stay in the US as long as she wants. While she will get a stamp admitting her for 90 days in her Australian passport, this doesn't apply to her, as she is a US citizen.

Technically speaking, as a US citizen, she must enter the US using a US passport. However, breaking this law has no real penalty. See this answer, for an explanation of what could happen at the border.

So no, she neither needs to fly back to Australia, nor return to customs after arriving.




Pictures about "US citizenship for an Australian dual-national while on 90 day visa in America?"

US citizenship for an Australian dual-national while on 90 day visa in America? - From above of fireworks and tiny multi colored stars between long narrow Flags of United States at angle
US citizenship for an Australian dual-national while on 90 day visa in America? - Crossed American flags on fence
US citizenship for an Australian dual-national while on 90 day visa in America? - Raised star on American Flag



Can an Australian citizen have dual citizenship with US?

What countries can have dual citizenship with America? Many countries can have dual citizenship with America including, but not limited to, Portugal, Spain, Malta, Cyprus, Greece, the UK, Australia, Dominica, and more.

How long do you have to live in the US to get dual citizenship?

Process for Gaining Dual Citizenship in the United States In general, to apply for U.S. citizenship, you must have lived in the U.S. as a permanent resident\u2013and have a permanent resident (green) card\u2013continuously for five years (or three years if you are filing as the spouse of a U.S. citizen).

Do dual citizens need visa for USA?

Dual Nationality \u2013 Use of Passports For this reason, all U.S. citizens are ineligible for a visa to the United States, including entering the United States on a foreign passport under the Visa Waiver Program.

Does the US let you have dual citizenship?

Does the United States allow dual citizenship? Yes, practically speaking. The U.S. government does not require naturalized U.S. citizens to relinquish citizenship in their country of origin.



THE SCHENGEN ZONE TRAVEL EXPLAINED - DIGITAL NOMAD TV




More answers regarding uS citizenship for an Australian dual-national while on 90 day visa in America?

Answer 2

The premise of the question is that a US citizen has been admitted to the US under the visa waiver program and subsequently receives a US passport. In that circumstance, the other answer is correct, because as a matter of law, a US citizen cannot have any immigration status other than that of a US citizen. In fact, a US citizen who has been admitted under the VWP doesn't even need to get a US passport to remain in the US; any evidence of US citizenship will do.

The premise, however, is somewhat questionable. In other words, this sentence could be incorrect:

My daughter will be in America with me on the 90-day visa waiver program.

In fact, she might not be admitted on that basis. If your daughter's citizenship becomes apparent to the passport officer, she should be admitted as a US citizen even without a US passport. The officer could discover that your daughter is a US citizen in one of at least two ways:

  1. You mention it when you approach the passport inspection desk, or
  2. The officer finds a record of your daughter's passport application or CRBA application after scanning her Australian passport.

The second possibility is particularly likely if either application included your daughter's Australian passport number, but even if it did not, it's possible to match the records based on other biographical details, such as name and date and place of birth.

If this happens, the officer could give you a lecture about your daughter needing a US passport (or maybe not, since you've already applied for one). Then the officer should waive the requirement of 8 USC 1185(b), admitting your daughter as a US citizen. In that case, of course, there will be even less reason to do anything with regard to any record of her admission as an Australian citizen, because there would be no such record.

To prepare for this possibility, you may want to bring copies of the evidence you submitted with the CRBA application, in case the application hasn't yet been approved by the time you arrive in the US and the officer wants to have an independent look into the question of your daughter's citizenship.

Answer 3

If you are saying

1) the child will enter using an Aussie passport / visa and

2) while you are there the child will receive in the mail the birth record and also a US passport

Yes, it's all a non-issue. Do nothing.

Once the child receives the US passport, forget everything, she can stay in the US. (If she likes junk food :) )

Nothing to do or worry about there.

Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.

Images: Brett Sayles, Brett Sayles, Brett Sayles, Brett Sayles