I was hoping the lovely people of the forum could help with an issue I've been trying to figure out. I'm a US citizen living in Switzerland for 3 and a half years or so with my husband who is a Swiss national. We're welcoming our first child in February. My question is: Would I be able to bring our son to visit my family in the US with him having a Swiss passport and me still having my US passport(not yet at the requirement for applying for Swiss citizenship )? We *do not* want to apply him for US citizenship.
Thanks in advance and sorry if this is the incorrect section!
Yes, no problem assuming you get the Swiss passport for him and do the US ESTA procedure. Enter the non-US lines at the airport. Been doing it for years like this.
Your child is a US citizen by virtue of his birth to a US citizen*. There is no application for citizenship, only for a passport.
What that means is with or without a US passport your child is technically subject to all the following-de-rol US citizenship brings until the time he is of majority age and thus able to renounce him/herself. You cannot renounce for your child.
Will border officials notice that a child with another passport has a US citizen parent? Who knows.
But I'm tossing that reminder out there just to make sure you take whatever steps you deem appropriate considering US birth citizenship laws as you plan for your child's future.
All the best.
* Unless of course you, the USC, fall into the narrow category of folks who cannot pass along citizenship, that is, born abroad without spending the required years in the US.
Not wanting to go too far off topic. But when there are two US citizen parents, I agree to the above it is a given.
However, as Liquid Paper has said, there are a number of hoops to jump through to prove US citizenship rights when only one is a US citizen. Depends on if parents married or not, previously divorced, single, etc.; proof of residency; authorisation of non-citizen parent; etc. I've read a lot of points on both sides of this equation over the years, and until US gov't can independently prove my children meet all these requirements, I consider them non-US citizens. Been travelling to USA with only Swiss kids through US customs for more than 18 years this way without issue.
A person born abroad in wedlock to a U.S. citizen and an alien acquires U.S. citizenship at birth if the U.S. citizen parent has been physically present in the United States or one of its outlying possessions prior to the person’s birth for the period required by the statute in effect when the person was born (INA 301(g), formerly INA 301(a)(7)).
For birth on or after November 14, 1986, the U.S. citizen parent must have been physically present in the United States or one of its outlying possessions for five years prior to the person’s birth, at least two of which were after the age of 14.
I think the US Consulate here in Switzerland can also be of help. They’re usually very helpful if you send them an email, and their website also contains a lot of info including any necessary documents to download, etc. Here is a link to one of their pages regarding a US citizen having a child here:
“As U.S. citizen parent(s), you should report your child’s birth abroad as soon as possible to the U.S. Embassy or U.S. Consular Agencyto establish an official record of the child’s claim to U.S. citizenship at birth. The official record will be the Consular Report of Birth Abroad, Form FS-240 which is a basic United States citizenship document.”
I am not entirely sure if it is required by law, though, so maybe that is something to ask them via email.
I agree it should be the child’s choice. I had an Uncle, whose father was born in the USA, who chose US nationality so he could attend university in the US. He went on to be a rocket scientist.
His siblings demurred and kept their nationality of birth.
Doing exactly that, although it is easier to make the claim before age of majority (18). There is no 'denying', rather it is just the parents not making the claim, but giving the teenager the choice to claim or not when they have the capacity to know the consequences. At least that has been my approach. I believe it is easier to never have and claim later, rather than claim at birth and renounce. Oldest decided not to claim. Second is going to need to decide soon.
You would report it if you want to/need to claim citizenship. If you don't want it, I don't see how the US can, in practice, force you to take it for a child born abroad.
It's not until the claim is made. "As soon as possible" can be age 16 as example.
Yes, that is my reasoning as well. Until the US government independently collects the needed proof of claim and submits it, it is an unproven claim to the right of citizenship. The parents (or the child when he/she is capable to discern)* can submit the necessary documentation to demonstrate the proof of claim.
* Because this is the approach I am taking, although it is technically the parents that have to submit the documents.
Thank you all for the useful information and sorry it took so long to reply.
Just to clear up one thing; We don't intend to deny our child US citizenship, should he want it. As other posters have stated, we just want to wait until he is old enough to make an informed decision of his own. I probably should have worded it differently in the original post.
But I will definitely get in touch with the consulate as Pancakes suggested and see what they say.
LiquidPaper and Runningdeer, thank you both especially for the first-hand experiences! Gives me hope that I'll be able to bring him to visit a very eager grandmother in the US without too much hassle with immigration.