Daina

Hello.

I was born in 1988, to my father who was/is a US Citizen. I've lived in England all my life.
Am I automatically a US Citizen through Derivative Citizenship or do I need to apply for Citizenship? Ideally I'd like to have Dual Nationality.
Anyone know much about this?

Thanks.

dreamercon

Were your parents married when you were born? How long did your father live in the US before your birth, and how old was he at the time?

Daina

They were married, and he'd lived there for all his life, minus being stationed here in the Army. He was either 24 or 22.

fatbrit

Did your father live at least 5 years in the United States before your birth?
Were a minimum of 2 of these 5 years in the United States after his 14th birthday?

If the answer to both of these questions are yes, you are a USC.

If your father registered the birth at a consulate, you're good to apply for your first passport and social security card. If not, you'll need to gather documentation for proof. Either way, contact American Citizen Services at the consulate to get your passport. The passport is your proof of citizenship.

You might also want to read the dual citizen FAQ here.

fatbrit

She was born after November 14, 1986!

dreamercon

In this case, you are a US citizen. All you need to do is apply for a US passport.

Daina

My birth never was registered, is all the proof I need a birth certificate?

crg

Do you have any children?

Daina

None, what implications would there be if I did?

Folinskyinla

Hi:

First of all, assuming you mean United States Army, that time is included in US residence. If your father spent five years in the US [including military service] at least two of which were after age 14 BEFORE your birth, it appears that section 301(g) of the Immigration & Nationality Act declares you to be a citizen as of the date of your birth. You can apply for a US passport.

BTW, remember that, as a US citizen [with or without a passport], you are subject to US income tax laws on your WORLDWIDE income. Do note that there is a foreign earned income exemption which often lowers the US tax liability to zero. [FWIW, I have a brother-in-law who holds dual US/UK nationality. He UK wife was born in the US and later obtained UK nationality via naturalization.]

Daina

So do I technically hold Dual Citizenship? I have a UK passport/national insurance number etc.

Folinskyinla

Hi:

Assuming you are a US citizen, your children's citizenship will not be automatic. However, under current law, if you obtain an immigrant visa for them and the immigrates before age 18 while in your custody -- upon admission as a permanent resident [green card] that status will automatically go "poof!" and disappear inasmuch as instant naturalization has just occurred.

Note, the I-864 requirement will be met by an I-864W since you have to show ability to support them for no time at all.

fatbrit

You are a dual citizen. Your UK citizenship is documented, your US citizenship is probably not unless your father registered your birth with the consulate. Apply for a US passport and US social security number if you wish to be documented as a US citizen. If your birth wasn't recorded, you need to gather the proofs.

Daina

Presumably I'll need to prove my father was American?
I don't have contact with him really, he lives in the states, will my birth certificate do?

fatbrit

Open up contact, then. A copy of his US birth certificate will prove he's a US citizen. You also need proof of his required residence in the US before you were born -- school or military records are probably the easiest. While you're at it, get your mum's birth certificate and marriage and divorce records since the consulate will probably also ask for these.

Whilst it's going to be easier to get these if you open up contact with your father, it's not going to be impossible to procure these if you don't. But it's going to be a lot harder.