“We’ll just use the Israeli passport - no need for U.S. citizenship.”

“We’ll just use the Israeli passport - no need for U.S. citizenship.”

I hear this a lot from U.S. expat parents.

But here’s the thing, under U.S. law, citizenship isn’t optional.

If a U.S. citizen parent lived in the U.S. for at least 5 years (including 2 after age 14), their child is automatically a U.S. citizen from birth.

Even if you never applied for a Consular Report of Birth Abroad (CRBA).

Even if the family lives permanently in Israel.

So when that child travels to the U.S. on a foreign passport, it’s technically a violation, because U.S. citizens are required to enter the U.S. using a U.S. passport.

Here’s where it gets risky:

To enter the U.S., the child needs a visa, and many unsuspecting parents in this situation go ahead and apply for one, not realizing the issue.

But that visa application includes a declaration under penalty of perjury that the child is not a U.S. citizen.

Under 18 U.S.C. § 1001, making a false statement to the U.S. government is a federal felony, punishable by up to 5 years in prison.

It’s usually a good-faith mistake, not intentional fraud, and is rarely enforced in such cases. But it can still cause complications later, especially when applying for a CRBA or U.S. passport, since the government can see past visa applications.

Adding to the confusion is Form N-600K, a completely different process used when the parent doesn’t meet the 5-year physical presence rule.

Children approved under N-600K become U.S. citizens only from the date of approval, not from birth.

Many expats mix up these two situations, assuming their child is “not a citizen yet” when in fact they already are, or vice versa, which leads to serious legal and travel mistakes.

A good way to look at it is that a newborn may be an undocumented US citizen until the parents apply for documentation, but is a US citizen just like any other if the parents lived in the US for the requisite years. 

In fact, they can even become president of the United States, having been a US citizen from birth, regardless of their birthplace.

The right way to handle it:

Apply for a CRBA and U.S. passport before traveling.

If the trip is urgent, the embassy can usually issue an emergency passport once citizenship is verified.

I deal with these scenarios often in my U.S. tax practice, and it can have real tax and compliance implications down the road.

Have you ever been confused by these laws?