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Thread: British/USA Citizen for our baby ?

  1. #1
    I have a question.

    I am a British Citizen with a green card and my wife has dual citizenship, British and USA.

    Now my wife is pregnant, my question is, will the baby get USA citizenship if it was born in the UK. I rather the baby have dual citizenship, what would be the easiest way to achieve this ?

    Any help on your expertise would be very grateful.

    Thanks

    Davendra

  2. #2
    I have a question.

    I am a British Citizen with a green card and my wife has dual citizenship, British and USA.

    Now my wife is pregnant, my question is, will the baby get USA citizenship if it was born in the UK. I rather the baby have dual citizenship, what would be the easiest way to achieve this ?

    Any help on your expertise would be very grateful.

    Thanks

    Davendra

  3. #3
    It depends on UK laws; as far as US law is concerned, why not have the kid born in the UK and you bring him here and file for him AOS at which point he will automatically become USC without any interviews for him/her?

  4. #4
    I believe, if memory serves me correctly, that since you and your wife are both UK subjects, the child will be an United Kingdom subject as well.

    As far as US citizenship is concerned, here is how USCIS handles citizenship for children of US citizens, whether it be to one US citizen parent or two, born in or outside of the USA:

    A child who is born in the United States, or born abroad to a U.S. citizen(s) who lived in (or came to) the United States for a period of time prior to the child's birth, is considered a U.S. citizen at birth.

    A child who is:

    born to a U.S. citizen who did not live in (or come to) the United States for a period of time prior to the child's birth, or
    born to one U.S. citizen parent and one alien parent or two alien parents who naturalize after the child's birth, or
    adopted and is permanently residing in the United States can become a U.S. citizen by action of law on the date on which all of the following requirements have been met:

    The child was lawfully admitted for permanent residence*; and
    Either parent was a United States citizen by birth or naturalization**; and
    The child was still under 18 years of age; and
    The child was not married; and
    The child was the parent's legitimate child or was legitimated by the parent before the child's 16th birthday (Stepchildren or children born out of wedlock who were not legitimated before their 16th birthday do not derive United States citizenship through their parents.); and
    If adopted, the child met the requirements of section 101(b)(1)(E) or (F) and has had a full and final adoption; and
    The child was residing in the United States in the legal custody of the U.S. citizen parent (this includes joint custody); and
    The child was residing in the United States in the physical custody of the U.S. citizen parent.

    If you and your child meet all of these requirements, you may obtain a U.S. passport for the child as evidence of citizenship. If the child needs further evidence of citizenship, you may submit an "Application for Certificate of Citizenship" (Form N-600) to USCIS to obtain a Certificate of Citizenship. If the child meets the requirements of Section 101(b)(1) of the Immigration and Nationality Act as an adopted child, you may submit an "Application for Certificate of Citizenship on Behalf of an Adopted Child" (Form N-643). (Note: a child who meets these requirements before his or her 18th birthday may obtain a passport or Certificate of Citizenship at any time, even after he or she turns 18.)
    *NOTE Children who immigrate in the "IR-3" or "IR-4" categories must have had an immigrant petition filed on their behalf before their 16th birthday; see answers to Question 25 below. All adoptions for any other type of immigration benefit, including naturalization, must be completed by the child's 16th birthday, with one exception: A child adopted while under the age of 18 years by the same parents who adopted a natural sibling who met the usual requirements.

    **NOTE The "one U.S. citizen parent" rule only applies to children who were under age 18 on or after February 27, 2001. For children claiming automatic citizenship prior to this date, the individual in certain cases would have to establish that the parent or parents who were not U.S. citizens by birth had naturalized (or that the naturalizing parent was separated or legally divorced and had legal custody of the child).

  5. #5
    A child born outside the US to a US citizen will, in most cases, be considered a US citizen.

    In most cases, you are a U.S. citizen if ALL of the following are true:

    One of your parents was a U.S. citizen when you were born;

    Your citizen parent lived at least 5 years in the United States before you were born; and
    At least 2 of these 5 years in the United States were after your citizen parent's 14th birthday*.

    Your record of birth abroad, if registered with a U.S. consulate or embassy, is proof of your citizenship. You may also apply for a passport to have your citizenship recognized. If you need additional proof of your citizenship, you may file an "Application for Certificate of Citizenship" (Form N-600) with USCIS to get a Certificate of Citizenship.

  6. #6
    Personally, I'd have the child born in the United States. That way, the child would be - without question - a nayive-born U.S. citizen. I would then register the child as a British citizen. The requirements to register a child as a British citizen can be found at this web-site: http://www.ind.homeoffice.gov.uk/ind...of_minors.html I hope that this helps.

  7. #7
    I don't know about UK law, didn't have much interest in my school time, but according to US law child born to One US citizen parent will Be US citizen by birth even if he was born abroad. Only thing parents has to do is to register him in Consulate.
    Its a discussion, not a legal advise..

  8. #8
    mohan,

    Your statement is true as long as you provide the following caveat:

    Your citizen parent lived at least 5 years in the United States before you were born; and
    At least 2 of these 5 years in the United States were after your citizen parent's 14th birthday.

    Otherwise, birth to a US parent abroad does not necessarily entitle the child to US citizenship. For example, if the US citizen moved away from the US at age 12 and had a baby in Europe, the child would not be a US citizen automatically (because the mother had not lived for 2 years in the US after she turned 14).

  9. #9
    Mohan you are correct: US Law has been ammended in 1986. for child born to one citizen parent and Alien, the citizen parent must reside in the US for 5 years prior to the birth.
    If a child is born abroad you will need to complete the Application for Consular Report of Birth Abroad with the US Embassy/Consulate.
    the following documents are to be attahed with:
    1. Certified copy of Birth Certificate issued by
    the UK Government.
    2. Affidavit of Physical Presence in the US.
    According to 1978 State you may include the
    time, in case you was not an LPR.
    3. certified copy of marriage certificate.
    4. If in case any Divorce include certified copy
    5. Proof of US Citizenship of one parent.
    6. Fee will be about $25.00 +passport fee.

    According to US Law US Citizen must Enter and depart from US on US Passports.
    The Embassy/Consulate will issue a Consular Report of Birth of A Citizen to the child copy will be kept in the Department of States Archives. This is a Permanent Birth record of a child born abroard, In case you need a copy of this report at any time you can write to Consular Affairs at US Dept. of State you will have to pay the fee of about $35.00 per copy.

  10. #10
    Now I am thoroughly confused

    From my research, I found this excerpt which would confirm what Sphyrapicus posted.

    "Prior to 14 November 1986, the physical presence requirement in this case was ten years (instead of five) -- including five years (instead of two) spent after the parent's 14th birthday. The requirement was reduced in 1986, but the change did not retroactively make US citizenship available to people born previously who did not meet the old requirement. (Congress's intent not to make this change retroactive was affirmed in 1988 with the passage of Public Law 100-525, 8(d), 102 Stat. 2619)."

    The way I read this, and correct me if I am mistaken, is that prior to the ammendment in 1986, the criterion was 10 yrs and 5 years. After 1986, that was reduced to 5 years and 2 years. Am I not understanding this?

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