alliekat

Hiya.

I am American married to a Brit. My son was born in England. I have not registered his birth as an American with the Embassy. He is 1 year old.

My question:

If we travel to the US on holiday, MUST we claim his citizenship and get a US passport? Is he automatically a dual citizen without even applying? I read on Embassy site today that all dual nationals must travel on US passports, but having a hard time figuring out if my son is officially a dual national even if we didn't register him. We do already have his British passport.

Also, if we went on holiday and decided to stay, would we have to return to the UK to claim his citizenship or could we do it stateside? Not saying that we WOULD or INTEND to stay, (we have assets and family here) but things do happen and I would like to know where we would stand in such an instance.

Thanks in advance for your input.

Pulaski

Your son IS a US citizen, (assuming you are able to pass on citizenship, which is usually the case, especially if you were born in the US) it does not need to be "claimed", so US law requires that he enter and leave the US using a US passport. It is certainly possible that US CBP officer won't notice, but what are you going to say if the officer asks why you're traveling on a US passport (assuming that you don't have a British one) but your son is not?

If you were to stay in the US, and apply for your son's US passport from there, how do you explain how he arrived? He will have a record in the CBP system as having entered on a non-US passport and "overstayed" (he can't actually overstay, because he is a US citizen).

The only question about "deciding to stay" is what about your husband? He would need a visa to settle in the US, and that must be done from outside the US. Attempting to complete the visa process from within the US is fraught with danger and can, and does, sometimes lead to a ban from returning to the US.

MarylandNed

You don't "claim" citizenship for your son. Either he was a USC at birth or he wasn't. So the first thing to do is determine whether your son is a USC:

Citizenship Through Parents | USCIS

If he is a USC, he will need to use a US passport when entering/exiting the US (per US law). You can register the birth but this is not actually necessary to obtain a US passport:

Birth Abroad

If your son is a USC, he will need to register for selective service later in life and could also have to file US tax returns regardless of where he lives in the world.

Noorah101

Just a slight correction here. It's impossible to complete the visa process from inside the USA at all, because a visa MUST be obtained from outside the USA. One can begin the "visa process" by filing the I-130 petition while still inside the USA, but the actual visa must be obtained outside the USA.

I believe what Pulaski is referring to is the "adjustment of status process", rather than the visa process.

Rene

alliekat

Thank you all for the info. If I were travelling it would be as a family - hubby, baby and myself. Both of them would have UK passports and I a US one. It did not occur to me that anyone would ask why I have a US one and baby does not, if Dad has a UK one.

As far as staying, it would depend on circumstances. He would have to return to sell the house anyway (it's his), so filing for a visa- not a huge deal.

My question is how would effect the baby.

Nevertheless it appears that he MUST travel with a US passport ....so I have months of work ahead of me to make that happen (including trying to order my divorce decree for the 4th time from Illinois 1996 divorce...not been successful yet).

What about returning to the UK? Does baby need to travel on British passport to come back?

Thanks for your advice. I don't like the answers, but greatly appreciate the info.

Pulaski

A poor response by me. I hurried and worded it very badly.

Pulaski

No, the UK has no such requirements for its own citizens, so you shouldn't have a problem. Do take a copy of his birth certificate though, to ensure he isn't "stamped in" as a visitor to the UK.

BritInParis

Simple put: get both your child's US and British passports before you travel you will have no issues.

http://london.usembassy.gov/cons_new.../robirth4.html

https://www.gov.uk/get-a-child-passport

kins

For example, you come in the US through one passport line, your husband and baby come through the other. The border agent asks your husband where the baby's mother is. He says 'Well she's in the US citizens line.' Border agent immediately realises the baby is quite possibly a US citizen...

penguinsix

Note that the forms for applying for a passport are designed for people living in the USA and there are a few slightly different procedures if doing so from overseas.

Applying for a U.S. Passport from Outside the United States

One point to note is the passport photo size for the USA might be different from ones you get in other countries so please make sure you get the right one made at your photographer's place.

While they say there is no expedited service overseas, I renewed some passports overseas in less than a week and those had to come from Washington via courier so I think there might be something they could do if you are in a hurry (i.e. already have plane tickets).

MarylandNed

Why is this an issue? It seems to me that a UKC being "stamped in" as a visitor means absolutely nothing once they exit the airport. I just returned from 2 weeks in the UK. I was stamped in as a visitor but it's meaningless in the sense that I can live/work in the UK for the rest of my life regardless of what is stamped into my US passport. So I'm really curious as to why so many people think this is an issue.

AmerLisa

Our daughter was born in the UK, 13 years ago and we traveled when she was 5 months for a visit to the US. I was under the impression that they needed to travel to the US the first time on a US passport.

This is what I got from UK Yankee:

To apply for US citizenship for a child born in the UK:
A DS-2029*** document is the required form to report a US birth overseas. Any child who has a claim to US citizenship, must enter the US on an American passport. The embassy recommends that births overseas be reported as soon as possible for this rule and because a birth can not be reported after the child has reached eighteen years of age. Applications must be submitted at an in-person interview, where the parent can also apply for the child’s social security number if under five using the same form. The child must be present as well. The report of the overseas birth will be given to the parent on the day of the interview. The application for the child’s passport may also be submitted at the interview using the DS-11***. Processing times for the applications submitted take up to 15 days. You can book an appointment time here: https://evisaforms.state.gov/acs/def...=LND&appcode=1


there is more information if you want to go look on that site.... UK-Yankee.com

I should add that you need to travel with both passports, you need to be able to show his UK one on the way back so you can show that he has a right to live in the UK.

MarylandNed

Why only the first time? Per US law and with very few exceptions, USC's must use US passports to enter/exit the US via air.

It's better to use official government sites for accurate and current information.

Not strictly true. The UK does not require that its citizens enter on a UK passport. I once repatriated to the UK from Canada. My 2 kids entered on Canadian passports and we had enough other documentation to prove that they were UKC's. Even then, being stamped in as a visitor means nothing once you exit the airport because UKC's have the right of abode and cannot be deported from the UK. However, I do agree that UKC's who live in the UK should carry UK passports.

AmerLisa

I was told, in our case with our daughter, that they needed to exit the first time with a US passport, meaning not a UK passport and then get a US passport later on. I really don't remember why that was necessary, and it may not be the case anymore. I'd definitely ask someone at the embassy to clarify.

The UK-Yankee site is quoting a government site.... that's why I put the quote in italics.... They do have a lot more information that might be more helpful to the USC living abroad...

My daughter has entered and exited numerous times with her kids, they always ask for their UK passports on entrance. The one time that she didn't have it, she had to agree to get that child's passport within 60 days. This may be that she's a US citizen using her US passport, have no idea. But the poster is USC, so this may be valuable to her.

BritInParis

Because if you present a non-EU passport at the UK border and state your intention is to stay for an indefinite period in the UK as you are a British citizen then the Immigration Officer is likely to detain you until you can prove this is the case. Having Right of Abode in the UK is one thing, proving it is another.

I would take the opposite stance - why do some many people tie themselves up in knots and create issues for themselves with this question? If you are a dual citizen travelling between your two countries of citizenship then simply carry both passports.