JiggeryPokery

I know the answer to this is probably "no", but I need to find out if there is any possible way to expedite getting a 1st British passport for a child living in the States? Current processing time is said to be at least 6 weeks, and I don't believe she can get emergency travel documents as she has never held a British passport.

Background is (British) mother is fleeing from abusive (American) father and needs to get out of the States and back to the UK before he can apply for child custody. She is currently in a shelter so *should* be safe from him serving her with the paperwork as he doesn't know where she is. Immigration/Family lawyer is involved and has OK'd her leaving, but she needs a British passport for the child first.

Appreciate any leads anyone can offer...

Duncan Roberts

The child likely needs a US passport more than a UK one. Passport aside, that could potentially be a very bad move. I'm kind of surprised a lawyer gave the advice to do it. I believe the worst case scenario would be the mother being brought up on kidnapping charges. Maybe I'm wrong on that though.

JiggeryPokery

The child was born in the UK and spent more than half her life there so the lawyer is satisfied that she will be fine.
She is unable to get a US passport without input from the American father, and that ain't gonna happen...

Ozzidoc

Does the child currently hold any passport? Valid or out of date?

JiggeryPokery

The child did have a temporary US passport but it has expired

Ozzidoc

Aha.

Then the child is a US citizen who must legally leave the US on a US PP (unlike UK citizens who can leave and enter the UK on non-UK passports).

Best wishes to them.

Michael

She has a stupid immigration lawyer that is telling her to do something illegal. It doesn't matter where the child was born but where she currently resides and that determines jurisdiction. Both the US and the UK are signatories of the Hague Convention for child abduction and the UK would be required to return the child to the US if she wasn't authorized to remove the child by the courts or the other parents permission.

http://www.hcch.net/index_en.php?act...display&tid=21

Jerseygirl

I thought the place of birth was irrelevant....it's the current place of residency that counts. I would seek alternative advice...taking the child from it's country of residence...without the father's permission could have dreadful consequences. The child is a USC and there must leave the US using a US PP.

There seems to be so many things wrong with the advice the mother has been given.

JiggeryPokery

I believe that the child has dual citizenship - born in the UK to British mother and American father, then moved here at a later date.

Ozzidoc

This has no relevance to the legalities regarding exiting the US on a US PP.

JiggeryPokery

Ok, let's back up here. The lawyer has been provided by the shelter, which specialises in international women who are victims of abuse so *should* be fully aware of the Hague Convention etc. If this lawyer can't be trusted then does anyone have any suggestions as to where else we can get her some urgent legal advice, preferably free as she has literally no money?

JiggeryPokery

And actually, is anyone on here actually an immigration lawyer...? <hopeful emoticon>

Michael

The only thing that matters is that he is the father of the child and they are currently residents of the US. Citizenship makes no difference.

If he doesn't pursue the issue in the UK courts, she might get away with it but the likely outcome of the UK courts will be that the child will be returned to the US and she could be charged with kidnapping.

Jerseygirl

What does an immigration lawyer have to do with it...neither the child or mother are immigrating?

Michael

Have her contact Catholic Charities and hopefully they will give her better advice.

http://www.catholiccharitiesusa.org/