gryff31

HI, I'm sure there has been post regarding this in the past, however I havent got a clue how to search for them without having to scroll through millions of other posts.

We are living in North Carolina my husband has a L1 visa both me and my oldest son is on L2 visa's, I gave birth to my youngest in Feb whilst we were living the the US. I understand he is a American citazan now. Do I have to register him with the UK embassey? Is there such thing as dual Nationality as I have been told conflicting thing by different people.

Also.... just for consideration for the future should we wish to remain in the US after our 3 - 5 yrs stay is up. Do you think the fact our son is a US citazin that it would help us get green cards to stay for longer.

USBound

consult an immigration lawyer... there will be much advice on here... some of it good... but everyones situation is different so I would say contact a lawyer immediately.

Ray

Ah thats called an anchor baby ...

Yes you new son can help you ...when he is 21 ....


yes..register his birth
http://www.fco.gov.uk/en/travelling-...register-birth

He will have dual citizenship

HunterGreen

Sometimes thread titles make me giggle... like this one... my advice would be make sure to feed it... bathe etc. all that. I know, lame, but since you already got some serious replies I figured what the heck.

JAJ

Why on earth do they need a lawyer for what is a very straightforward situation, not even to do with immigration law?

chicagojlo

It's perfectly fine to have dual citizenship of the UK and the US. You don't have to do anything to get that as the child automatically has both, other than apply for the relevant passports (US citizens have to use their US passport to leave and enter the US and UK citizens need to use their UK passport to leave and enter the UK). Most parents also get a consular birth certificate too, details for both the passport and the birth cert are on www.britainusa.com. You don't need the consular birth certificate to get the passport, it's a separate thing, but most people get it anyway.

If you and your husband want to stay past the end of your L visas you will need to get green card sponsorship, most likely from the employer who brought you here. If you are on the L1B visa you may only qualify for the EB3 category of green card which takes a few years to get, and your L1 can expire before it is granted. If you are on the L1A you have more chance of qualifying for the EB1-C category which is usually processed a lot quicker, but you still have to get it rolling. Time to speak to the lawyer to find out your options.

JAJ

He should be a British citizen (by descent) as well as an American citizen, provided at least one of his parents is born or naturalised in the United Kingdom, Channel Islands or Isle of Man.

You can apply for him to have a British consular birth certificate to prove his British citizenship, plus a British passport.
http://www.britainusa.com/sections/a...=41016&a=25315

Yes there is. Start here to find out more: http://www.richw.org/dualcit/

It won't help you until he turns 21, sorry.

And if you really want to stay in the U.S. you should be looking at the green card option now, not in a few years time (because it is not necessarily a quick process).

fatbrit

Why? It isn't that complicated!

Kid's a USC courtesy of the 14th amendment -- get it a US birth certificate, social security card (http://www.ssa.gov) and passport (http://travel.state.gov/passport/passport_1738.html).

Presuming you can pass on your UK citizenship, kid's also a UK citizen. Go to the Consulate site (http://www.britainusa.com) and get a "Consular Report of Birth Abroad" and a passport.

Then print out and read: www.richw.org/dualcit

Kid can sponsor you when it turns 21 under current legislation. Would suggest nice automobile for 17th birthday if I were you.

fatbrit

Also, the mutterings about moving away from family-based immigration to that of skills is growing louder.

USBound

because advice on here is often wrong, or badly interpreted. When someone mentions using a child as an anchor to overstay I personally would direct them towards a lawyer just so that someone with knowledge of the whole situation AND a legal reason to ensure they are correct is providing the advice.

fatbrit

Oh for gawd's sake!

gryff31

Thanks for your help all and the great links to other sources of information.

Very much appreciated.

Ps Huntergreen - Nice one with your post it made me giggle, I assure you that I am also feeding and bathing our little US born baby.

dbj1000

How does your lawyer feel about your use of this "internet" thing? Does he have a firm legal position on arse-wiping? How about shoelace tying?

Personally, I'd consult a highly experienced lawyer before posting advice telling a total stranger to consult a lawyer. It can be a really tricky thing, this whole "giving advice" thing, and shouldn't be entered into lightly.

Folinskyinla

Hi:

Rather than talk about "dual citizenship" -- the questions are "is he a US citizen?" and "is he a British citizen?" -- the answer is that under US law, he is a US citizen, under UK law, he is a UK citizen.

So contact the British Embassy to get that passport application.

Under US law, there is no requirement that he make an election between the two -- he simply remains a US citizen. Under current UK law, there is no requirement that that he make an election between the two -- he simply remains a UK citizen. [BTW, there are OTHER countries that put the kid to an election].

Folinskyinla

Ray:

Although the substance of your post is correct, I don't think there was any reason to use that extremely pejorative phrase.