Noorah101

In my opinion, this is the part which applies to your scenario:

Establishing Citizenship Later

If you were born in a foreign country to a U.S. citizen parent or parents and your parent did not register your birth in the form of a Consular Report of Birth FS-240, you may apply to USCIS for a Certificate of Citizenship, or to a U.S. passport agency for a U.S. passport to document your U.S. citizenship.

If you are outside the U.S., contact your nearest U.S. Embassy or Consulate for instructions.

If you are in the U.S. and you would like to apply for a Certificate of Citizenship, file Form N-600 (Application for Certificate of Citizenship) with your nearest USCIS office. If you would like to apply for a U.S. passport to establish your citizenship, click here for a list of the documentation needed -- you will need to apply in person to the nearest U.S. passport agency.

I don't know if you registered the birth by using form FS-230 or not, but there are specific instructions on what to do to apply for a US Passport/proof of US citizenship, if you are outside the USA or inside the USA.

Since you are currently outside the USA, I would think you would need to follow the link in how to get your child's passport from outside the USA. It doesn't sound like they are giving you an option of which one to choose to do. It sounds more like they are giving you instructions depending on where you are at the moment, which for you is "outside the USA."

Just my take on reading it.

Rene

Folinskyinla

Hi:

The former.

Pandajuice

I see what you're saying Rene and that does make sense. But what I don't understand is why even give the option that it can be done from inside the US if he wouldn't physically be allowed into the US on his British passport as some are contending.
Why give the option if the process has to be done before he can enter?

Noorah101

Perhaps some people are clueless and never did any research, thus there exists an option for someone who mistakenly entered on the UK passport. I suppose they have to allow for folks who find these things out at a later date.

However, since you've done your research ahead of time (kudos for that, by the way!), it makes sense to do it all the proper way. Now that you know, I would think it would be the wrong choice to purposely have your child enter the USA on a UK passport.

USCIS seems to sometimes forgive honest mistakes...but purposely not following the law is something else. I don't mean you intend to do that. But now that you know a USC must use a US passport to enter the USA...it's best to do it that way.

Rene

Noorah101

Also, perhaps that person is now 18, and couldn't get those documents outside the USA (as you read, they can't issue the certificate of birth abroad to someone over the age of 18). Perhaps he entered the USA after the age of 18, and now wants to claim his US citizenship. Therefore, there exists a route to obtaining that from within the USA.

Rene

meauxna

Because maybe the person acquired US Citizenship after being inside the US..

Folinskyinla

Hi:

That is right, you don't understand. You were already given the LND instructions. BTW, a Consular Registration costs $65 while the application for a certificate from USCIS in the US cost $460. Also, a full term passport is CONCLUSIVE evidence of US citizenship, just like a Consular Registration, a CIS certificate of citizenship or a certificate of naturalization.

Folinskyinla

Hi:

There are also instances where the person instantly becomes a citizen at the time of their admission of an alien lawfully admitted for permanent residence. There is a procedure to avoid issuance of the green card and record their admission as a US citizen immediately eligible for a passport.

BritishGuy36

I don't understand why this point is even a discussion.

Obtaining a US passport for the child whilst in the UK doesn't appear expensive, nor is it paperwork intensive (certainly not anywhere near filing I-130/DS-230/I864/catching up with tax returns etc).

Why on earth would anyone take the risk of a nightmare at the POE for the sake of just getting it done before travelling?

Pandajuice

Well, that's why I'm asking the questions. I wasn't aware from the little confused snippits of information you read on various immigration websites, that there would be a nightmare at the POE. Logically I'm thinking that anyone can enter the US on a British passport to visit, why can't my son? I didn't realize that the POE would judge my wife's visa against my son's non-visa and say "Wtf".
Obtaining a US passport in the UK isn't that expensive or intensive, but it does require an extra trip (aside from the medical and interview for my wife) to London which is a major pain in the ass for people who live near the Scottish border and have a 2 year old. It'll be a nightmare for us to travel and spend the day there once, let alone on two seperate occasions.

So I was hoping and counting on doing it in the US (there's a USCIS office right in Sacramento where we'll be moving to) as I thought, all things being equal, that'd have been easier. But judging from what Rene and meauxna are saying (thanks for your guys' great, attentive responses without vitriol btw), it seems we don't really have the choice we appeared to do on paper.

BritishGuy36

I think the point is that your son is not a visiting British citizen, as far as they are concerned. He is a returning US Citizen.

Don't for get that officially the US doens't recognise your son's dual-citizen status.

Imagine this line of questioning about your son at the POE:

What's the purpose of your visit?
We are moving to the US.
I see. Oh, yes, I see your wife's visa here. Now what about your son? You appear to have a UK passport for him, but no visa?
But he's a US Citizen.
US Citizens are required to enter and leave the US using a US passport, sir.

Downhill from there.....

Never underestimate the power of a border control official. If they have a reason to put you back on a plane, they can do so. And there's not a lot you can do about it.

I know it's a big hassle to make the trip to London.....but somewhat less of a hassle than flying to the US and straight back again!

Pandajuice

You're absolutely right Britishguy and that makes perfect sense. Do you guys think it'd be possible to schedule his citizenship/passport trip to London for the same time as my wife's interview/medical?

LynannC

Hi

Are you north or south of the border? If you live in Scotland you can use the consular office in Edinburgh to register your son's birth with them. Edinburgh operate a walk-in service for this twice a week (I think it's Tue and Thu), so you don't need an appointment. You could also see if London offer the same service on a walk-in basis. Edinburgh only serves USC's living within Scotland. I understand the hassle of getting to London, so it would be worth checking into.

Good luck

Lyn

Pandajuice

We're south of the border unfortunately which makes is painful to travel to London. I will check though if you can just walk in and do it because that'd be immensely more convenient than making two seperate trips.

LynannC

I've had a look on the consular website. Unfortunately you will require an appointment, but you can apply for that online. I guess there are a lot more Americans south of the border, so appointments are a necessary evil. If you know when you're wife's appointment is then you may be able to arrange it for the same day. When you're married only the USC parent needs to attend, so you could take your son to get registered and apply for his passport while his mum has her visa interview.

To make an appointment go to the Consular website, tab on American Citizen Services, select passport services/child born in the UK to US Citizen. Click on residing in England and Wales and scroll down to method of application. The link will take you straight to making an appointment online.

Hope you get the date you want.

Lyn