Am I still Eligibile for a British Passport?
#1
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Joined: Aug 2013
Posts: 3
Am I still Eligibile for a British Passport?
Hi everyone,
This is the only place I could find where people actually answer questions about this type of thing. My twin brother and I were born in England; our (single) mom was a British citizen. She died when we were 5 years old and we moved to America and were adopted by an American when were were 8 which makes us naturalized U.S. citizens. Do we still retain our British citizenship and are we eligible for a British passport? I still have my child passport which expired a long time ago, but my brother doesn't have his, if that is of any importance. . We want British passports because we're seriously considering moving back to England after we graduate from university. We're 20 years old btw
Thanks for your help.
This is the only place I could find where people actually answer questions about this type of thing. My twin brother and I were born in England; our (single) mom was a British citizen. She died when we were 5 years old and we moved to America and were adopted by an American when were were 8 which makes us naturalized U.S. citizens. Do we still retain our British citizenship and are we eligible for a British passport? I still have my child passport which expired a long time ago, but my brother doesn't have his, if that is of any importance. . We want British passports because we're seriously considering moving back to England after we graduate from university. We're 20 years old btw
Thanks for your help.
#2
Re: Am I still Eligibile for a British Passport?
If you have both once held UK passports in the past then you must have been British citizens. Becoming US citizens doesn't stop you being British citizens as well. Go to the UK Embassy in Washington web site and look up how to apply for UK passports.
#3
Re: Am I still Eligibile for a British Passport?
I don't think the adoption will cause issues, I assume it happened in the US.
#5
Re: Am I still Eligibile for a British Passport?
I realized that I keep saying the above without checking it. As ever it varies by state but all states seem to issue a new birth record and the majority of states "seal" original birth records and they cannot be accessed. It isn't clear if they are actually erased or destroyed though I guess that may have happened.
http://www.thetakeaway.org/2010/aug/...-certificates/
http://www.adopteerightscoalition.org/
Last edited by sir_eccles; Aug 16th 2013 at 9:15 pm. Reason: Added links.
#6
Re: Am I still Eligibile for a British Passport?
I appreciate that, I meant in regards to collecting documentation that proves the fact. I just know that for births in the US that go to adoption the original birth certificate ceases to exist and the only birth record available will have the new parents listed. With their birth being in the UK, I don't think it will be an issue.
#7
Re: Am I still Eligibile for a British Passport?
Yes I didn't anticipate it was going to be straightforward which is why I suggested they go to the Embassy web site to look up what they need to do. Easier for them then have one of us try and explain it.
#8
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Joined: Aug 2013
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Re: Am I still Eligibile for a British Passport?
Alright, thanks for the help
#9
Re: Am I still Eligibile for a British Passport?
Hi everyone,
This is the only place I could find where people actually answer questions about this type of thing. My twin brother and I were born in England; our (single) mom was a British citizen. She died when we were 5 years old and we moved to America and were adopted by an American when were were 8 which makes us naturalized U.S. citizens. Do we still retain our British citizenship and are we eligible for a British passport? I still have my child passport which expired a long time ago, but my brother doesn't have his, if that is of any importance. . We want British passports because we're seriously considering moving back to England after we graduate from university. We're 20 years old btw
Thanks for your help.
This is the only place I could find where people actually answer questions about this type of thing. My twin brother and I were born in England; our (single) mom was a British citizen. She died when we were 5 years old and we moved to America and were adopted by an American when were were 8 which makes us naturalized U.S. citizens. Do we still retain our British citizenship and are we eligible for a British passport? I still have my child passport which expired a long time ago, but my brother doesn't have his, if that is of any importance. . We want British passports because we're seriously considering moving back to England after we graduate from university. We're 20 years old btw
Thanks for your help.
What's more important is that being adopted by an American doesn't in itself make you a U.S. citizen. Do you have Certificates of Citizenship showing when you became a U.S. citizen? If not, that needs to be your first priority.
#10
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Joined: Sep 2010
Location: Maryland (via Belfast, Manchester, Toronto and London)
Posts: 4,802
Re: Am I still Eligibile for a British Passport?
Do you have US citizenship? If not or you're not sure, make sure you get it before doing anything else.
http://www.nolo.com/legal-encycloped...-children.html
http://www.nolo.com/legal-encycloped...-children.html
#11
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Joined: Aug 2013
Posts: 3
Re: Am I still Eligibile for a British Passport?
We have U.S. passport cards
#12
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Location: Maryland (via Belfast, Manchester, Toronto and London)
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Re: Am I still Eligibile for a British Passport?
So you're definitely US citizens which is good. Passport cards can't be used for air travel so I would suggest that you also obtain US passport books. These will be needed if you ever want to fly out of or into the US. By law, US citizens must leave/enter the US on US passports.
#13
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Location: Maryland (via Belfast, Manchester, Toronto and London)
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Re: Am I still Eligibile for a British Passport?
So you're definitely US citizens which is good. Passport cards can't be used for air travel so I would suggest that you also obtain US passport books. These will be needed if you ever want to fly out of or into the US. By law, US citizens must leave/enter the US on US passports.
http://travel.state.gov/passport/ppt...card_3921.html
#14
Re: Am I still Eligibile for a British Passport?
Having passport cards is a good start (to evidence that you're American), and someone else has recommended you get U.S. passport books.
HOWEVER, passports are not conclusive evidence of citizenship, and it's not unknown for them to have been issued by mistake (to non-citizens). Due to the complexity of the law, this is a particular concern in adoptive cases. And for that reason, passports are not always accepted by U.S. Citizenship & Immigration Services (USCIS) as proof of citizenship.
The only way for someone in your situation to obtain definitive proof of U.S. citizenship is to use form N-600 to obtain a certificate of United States citizenship from USCIS.
HOWEVER, passports are not conclusive evidence of citizenship, and it's not unknown for them to have been issued by mistake (to non-citizens). Due to the complexity of the law, this is a particular concern in adoptive cases. And for that reason, passports are not always accepted by U.S. Citizenship & Immigration Services (USCIS) as proof of citizenship.
The only way for someone in your situation to obtain definitive proof of U.S. citizenship is to use form N-600 to obtain a certificate of United States citizenship from USCIS.
#15
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Joined: Sep 2010
Location: Maryland (via Belfast, Manchester, Toronto and London)
Posts: 4,802
Re: Am I still Eligibile for a British Passport?
Having passport cards is a good start (to evidence that you're American), and someone else has recommended you get U.S. passport books.
HOWEVER, passports are not conclusive evidence of citizenship, and it's not unknown for them to have been issued by mistake (to non-citizens). Due to the complexity of the law, this is a particular concern in adoptive cases. And for that reason, passports are not always accepted by U.S. Citizenship & Immigration Services (USCIS) as proof of citizenship.
The only way for someone in your situation to obtain definitive proof of U.S. citizenship is to use form N-600 to obtain a certificate of United States citizenship from USCIS.
HOWEVER, passports are not conclusive evidence of citizenship, and it's not unknown for them to have been issued by mistake (to non-citizens). Due to the complexity of the law, this is a particular concern in adoptive cases. And for that reason, passports are not always accepted by U.S. Citizenship & Immigration Services (USCIS) as proof of citizenship.
The only way for someone in your situation to obtain definitive proof of U.S. citizenship is to use form N-600 to obtain a certificate of United States citizenship from USCIS.
http://www.law.cornell.edu/uscode/text/22/2705
22 USC § 2705 - Documentation of citizenship
The following documents shall have the same force and effect as proof of United States citizenship as certificates of naturalization or of citizenship issued by the Attorney General or by a court having naturalization jurisdiction:
(1) A passport, during its period of validity (if such period is the maximum period authorized by law), issued by the Secretary of State to a citizen of the United States.
(2) The report, designated as a “Report of Birth Abroad of a Citizen of the United States”, issued by a consular officer to document a citizen born abroad. For purposes of this paragraph, the term “consular officer” includes any United States citizen employee of the Department of State who is designated by the Secretary of State to adjudicate nationality abroad pursuant to such regulations as the Secretary may prescribe.
Last edited by MarylandNed; Aug 18th 2013 at 5:57 pm.