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My 11 month old was born in the US and therefore a US citizen. We are traveling in 2 weeks and unfortunately we only have her non-US passport and there is no way to get a US passport in time. I suspect we will be able to leave the US but have issues returning. Do you think they will let us board the plane and go into secondary screening upon arrival? I am a US citizen and my husband is a green card holder and my other child is dual citizen but has his US passport. I know they allow children of green card holders born outside the US to fly (https://jp.usembassy.gov/visas/immigrant-visas/green-card/lpr-child-abroad/) but unfortunately she was born in the US.

I can apply for the passport but it takes 4-6 weeks and I can get someone to overnight it to us if it arrives in time before our return flight, but if it doesn't arrive then are we stuck waiting for the passport before we can return? If i apply for the passport i have to send the only copy of birth certificate to them. Is it better to have the original birth certificate with us?

DavidRecallsMonica
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1 Answers1

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Your newborn is a US citizen, and 18 USC ยง1185 requires US citizens to bear a valid US passport for entry into (and exit from) the US. Airlines know this, and will refuse to board her onto a flight to the US unless she has a valid US passport.

That she is a dual citizen of the US and another country is irrelevant. As a US citizen, the airline will apply the US-citizen rule cited above. Thus, the answer to "may she use her non-US passport" is "No."

If the passport application requires an original birth certificate, then send the only original you have with the application; if a copy is acceptable, send the copy. In the US, one may obtain for a minimal fee, usually from the Recorder in the County where the birth occurred, a new official copy of a birth certificate, which will be considered as an "original" for all purposes.

DavidRecallsMonica
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