Elvira

I cannot believe that, after all the advice she was given in the previous thread, this woman left the US.

She truly is SOL now, as far as I can tell.

Noorah101

Yep, unfortunately she dug herself more deeply into the hole. She needs professional legal help, big time.

Noorah101

In that thread, on March 2, the baby was 6 months old.

In this thread, on April 7, the baby is 9 months old.

I'm just glad I don't age that fast!

ian-mstm

I don't mean to sound cruel, but why don't you just ask her? If you gave her the information and she chose not to read it, then you are wasting your time trying to help. It sounds as though she wants someone to fix this for her, but it also sounds like she doesn't want to do anything to help herself.

Ian

LAL

Sounds to me like your friend has just given up any chance of keeping her daughter... well for the next 10 years at least... Why oh why did she not listen / read the fantastic advice all the people on this forum gave, I hasten to add that included advice from an immigration lawyer, most of the people who post on here are laypeople but they know their stuff and whilst they may disagree with the way things have been done sometimes they are all very good listeners, very supportive and full of good intentions for people in an immigration crisis... Rant over...
The child will be an automatic UK Citizen the mother can apply for a UK Passport for her daughter in the UK at any post office or Passport Office, the mother will be able to apply for a Full US Birth Certificate from the state her daughter was born in this can be sent to an address in the UK, the mother then needs to submit the Passport Application form along with her UK Birth Certificate, her UK Passport (this isn't necessary if the mother was born in UK before 1983) & the child's full US Birth Certificate or a certified copy. One thing that is guaranteed is the mother does have Parental Responsibility as long as she hasn't signed anything to the contrary infront of a Judge at a Family Court in the US, so she can apply for the UK Passport on her child's behalf, to keep the child in the UK if the child "ever" visits with her father would be very difficult because you said previously the father also has Parental Responsibility so really for the visit to materialise the mother is reliant on the goodwill of her ex and his mother which hasn't been positive so far why would it change.
She really did herself no favours leaving the US and abandoning her US born Child, if the ex's family don't visit the UK her daughter will be nearly 11 the next time she will see her mother.... I know something I couldn't live without my daughter for that length of time...but with a 10 year ban from entering the US due to her overstay it seems like she's in for a long wait... Oh and UK Child passports ony last for 5 years so she might want to wait about 9 years before she applies for one because at £42 a shot it might be a waste of money.

Sorry to sound harsh but why oh why did she not take onboard the advice that was given to her before she returned home from US without her child???

Regards,

LAL

chicagojlo

Why did she go on a visa and overstay? Why did she allow her partner to take her child away? Why did she let the child stay with it's grandmother for so long and do nothing? Seems to me like this baby might be better off where she is. I know how cruel that sounds and yes I am a mother myself, but being a parent myself means knowing that what is best for a child is not always what is best for the parent.

LAL

OOH yes due to my ranting I forgot to even consider the photo scenario....
maybe if she has a recent full face digital photo of the baby or can ask them as a concession to not seeing her daughter that they send her some recent photos with some close ups.... they are pretty lenient with the photos for children...
But still she may want to wait the child can enter UK on a US Passport that's not a problem as the child is British it doesn't really matter which passport is used, it's the other way round where the problem lies because if you're a USC you have to enter US on your US passport - no rules like this exist for entering UK just if you're a EU Citizen the line might be shorter and you don't have to fill in a piece of paper.
I would say wait until child in UK before applying or mother apply in UK because who would be looking after the UK Passport the ex's family like that is going to happen....

LAL

augigi

I feel sorry for the person in question, but I cannot fathom how any mother would leave their child behind and leave the country - particularly when they are aware they may be banned from reentering said country.

Noorah101

Her friend might not have read any of that stuff we posted before. The OP sent the link to her, but doesn't even know if her friend read it. *** sigh ***

Rene

Elvira

Okay, I am going to try one more time (though I have to admit that I - along with everyone else here - is VERY frustrated because your friend chose to ignore the extremely valuable advice she was given previously, and thus has made her situation infinitely more difficult).

Your friend should go to her nearest Citizens Advice Bureau, explain her problem in a coherent manner, and request to be referred to a family lawyer who takes Legal Aid cases (on the assumption that her assets are sufficiently low to qualify her for LA.)

And she has to really focus on this and get her act together. The longer she dilly-dallies (and the older the child gets), the smaller the chance of having the child returned to her.

I'm sure we all feel very sorry for this woman, but she has not helped herself by acting the way she did.

chicagojlo

The OP mentioned that her friend returned to the UK to try and get a visa. Not that we told her she'd be looking at a 10 year ban or anything...

Ayrria

Yeah aparently I didn't know how old the baby was last time I posted lol. She is 9months. Unfortunatly as you can tell she isn't too bright *sigh* She probably didn't read the link and I even told her everything it said too! She can get a passport photo paspic does them from regular photos it's just a case of getting her childs birth certificate.

If the father and the mother bring the child to the UK does that mean the childs UK citizenship is renounced?

Also she didn't get banned from what she's told me..

Thanks,
~A.

LAL

NO you can't renounce citizenship that easily especially not for a minor - the US/UK allow citizens to have more than one citizenship as you should know being that your child - has an American father, was born in UK and you are British - she has both citizenships she doesn't have to choose period...
Her child - has an American Father, born in US with a British born mother - she has both citizenships she doesn't have to choose period...

If she hasn't been banned why doesn't she return to the US on the visa that she had and reclaim her child? I would recommend that she go via Ireland - Dublin or Shannon I think it is, because she will go through US Immigration there and then won't have so far to travel back to UK when she gets told she's banned from entering US.

Your friend entered US on VWP in 2006, stayed for 2 years without adjusting status through marriage = 10 year ban. Of course they are not going to tell her that when she's leaving the country but rest assured they will tell her when she tries to enter US again.

Regards,

LAL

LAL

She can apply online to get her child's FULL birth certificate from the state in which the child was born and they can send the birth certificate to a UK Address.
How is she so sure they will bring the child to UK? Afterall they wanted her out of the child's life they threatened her with deportation if I remember rightly, if they have their wits about them they will know she's banned from US for 10 years, so they have gotten what they wanted she's off the scene for at least 10 years plus the time it will take her to get a visa to enter US.
Why doesn't she come on the forum and ask these questions herself?
Now she's in the UK she could go to your house and login rather than you relay everything to her, that way she would get the info firsthand without any misinterpretation...

Regards,
LAL

ian-mstm

That way *we* would get the info firsthand without any misinterpretation!

Ian