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I am a US citizen abroad in a country on the visa waiver program, I have a baby eligible for citizenship but due to backlog, to book an appointment at the consulate to make a consular report of birth and a US passport takes approx.6 months.

I need to come into the US immediately and get a job. Can I bring him on a foreign passport since anyways there is no need for a visa from the country I am in? In the US I could report birth and get a passport a lot faster, will I be allowed to bring my son?

I will point out that if one is eligible for citizenship he can not get a visa; is the same applicable for the waiver program?

If not is there any advice on how to enter the US with my baby without waiting so long?

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    What exact documents do you have for your baby? Birth certificate, local passport or ID card, anything else ? Are both parents US Citizens and have US passports ? If your child has passport you can simply apply for an ESTA for the baby.
    – Hilmar
    Commented Jul 6, 2023 at 13:31
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    Does this answer your question? Entering the US with US citizenship pending
    – user102008
    Commented Jul 6, 2023 at 16:24
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    @natestoli: if the baby has a passport you should be able to get an ESTA just as any other citizen of your country (perhaps like your wife). The baby is eligible for US citizenship but it doesn't become a citizen until a certificate of naturalization has been issued .
    – Hilmar
    Commented Jul 6, 2023 at 18:08
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    @Hilmar is naturalization the correct term or process here though? The baby is already a US citizen by birth, despite there being no official documentation to confirm it at this stage.
    – async
    Commented Jul 6, 2023 at 18:27
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    @Hilmar: "The baby is eligible for US citizenship but it doesn't become a citizen until a certificate of naturalization has been issued" This is incorrect. If the conditions in the law for the child born abroad to acquire US citizenship at birth were met, then the child is automatically and involuntarily a US citizen from birth as far as the law is concerned, even if no action is ever taken, and even if they don't want it.
    – user102008
    Commented Jul 6, 2023 at 19:15

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