JL734

Hey there,

Im in need of some advice. Here is the situation. My wife is from California, and we have a daughter who at the time was 2 yrs. I found out she was having an affair, and she moved back to America with our daughter last August, 2012. Our daughter is of dual nationality between the UK and USA, but only has a UK passport. She entered the US on the UK passport.

Now we were always on the assumption that it was fine to use either passport to enter either countries. Now that we're looking into divorcing, ive stumbled across the fact that youre meant to enter the US on a US passport (?). I got my wife to see an attorney to find out if this is going to be an issue, at which they replied that it's fine to enter the US with the UK passport as long as she is a citizen.

Every website that i have visited and viewed has said the opposite, here is a cut and paste from the UK US Embassy website.

"It is federal law* that all U.S. citizens, even dual nationals, must enter and depart the United States using a valid U.S. passport."

So, what is the truth? Are there loopholes in the system? And if not, what are the consequences that our daughter could face (or my wife)? And how do we resolve these issues?

ANY information would be greatfully appreciated, or a point in the right direction!

Thanks in advance! Hope someone can help!

Jerseygirl

Hi and welcome to BE.

All US citizens are required by law to enter/leave the US using a US PP.

Noorah101

The daughter should hold both a US passport and a UK passport.

Rene

Jerseygirl

Although it's a good idea to have both...it's not a requirement to have a UK PP...as a dual national can enter and leave the UK or any Euro country using another country's PP.

jjmb

Interesting subject as I was just looking up info for my daughter who is a dual citizen and who had her first child last year. There is a scenario where she might be returning to Scotland in the near future as her Grandfather is seriously ill with oesophageal cancer and it is only a matter of time now.

So my question is does the baby need to travel on a UK passport? My daughter has yet to register her birth as money is tight. If she has to apply for a UK passport for her daughter, registering the birth, get a US passport for herself and the baby plus UK renewal as she is now married, that would be nearly $1000 in total for one trip. Could she just do a passport renewal for herself, a US passport for the baby and herself plus a notarised letter from the father giving permission for the baby to fly to Scotland?

Jerseygirl

As I stated in my post above...there is no requirement for a UK citizen to enter the UK using a UK PP if they are dual nationals. Your daughter and her baby can enter and leave the UK using their US PPs. As they are both UK/US citizens they are required to leave and enter the US using US PPs.

Bob

US passport is fine. Can get the UK passport done in the UK too.

To the OP, I think the child will be fine, possibly a fine at the most if anything, but as a kid that's less likely I'd imagine.

jeffreyhy

Your daughte was "2 yrs" at what time? The time of your marriage? Which "she" was having the affair - your wife or your daughter? What immigration status was your daughter given, since she entered using the UK passport? This is curious, it would be interesting to know the basis for the attorney's opinion. Yes, this is consistent with my understanding that the USA does not recognize dual citizenship. Rather, it turns a blind eye to, or ignores, the other citizenship. Regards, JEff

sir_eccles

It would be interesting to know on what basis the child entered the US. One supposes that perhaps in tandem with evidence of US citizenship (other than a US passport) the child was admitted as a USC rather than as a tourist.

fatbrit

8 USC § 1185

AmerLisa

When our daughter was born in the UK (I'm American, husband is British) we registered her birth at the American Embassy, she was given a social security number and a passport. Did you not do this? From what I understood at the time was that our daughter's (and anyone else in this situation) birth needed to be registered at the American Embassy and she had to travel on her US passport to be considered an American citizen.

BritishGuy36

The truth is ..... that the attorney is an idiot.

sir_eccles

Here's a thought.

Did she have your permission (preferably written) to remove your child from the UK and move her to the US?

AmerLisa

I agree... What proof is there that she's a citizen?

ian-mstm

Did your wife have your written permission to remove your daughter from UK jurisdiction? If not, she could be charged with kidnapping even if your daughter is a USC.


It's a non issue as long as your daughter can prove she is, in fact, a USC. At worst, she might have be fined for not using a US passport to enter the US... but that'll be the end of it. If she's a USC, she has the right to enter the US.

Ian